Co, 


704  Mission  St. 
l-l;il  Market  Pf.S.K 


,% 


i. 


^.-'^^Nothinq- extenuate,  nor  set  dovm  aught  in  malice!''^ 


THE  CLAN-NA-GAEL 


AND  THE 


Murder  of  Dr.  -Cronin 


Being  a  Complete  and  Authentic  Narrative  of  the    Rise   and 
Development  of  the  Irish  Revolutionary  Movement,  and 
an  Impartial  Account  of  the  Crime  in   the 
Carlson  Cottage. 


From    Origiual    Iiiforiiiatioii;    from    Matter    Furnished 

Pi-ivately  by  Members  of  the  Clan-na-Gael,  and 

from  Unpublished  Material  in  the  Hands 

of    the  Leading?    Detectives  and 

Attorneys  in  the  Case. 


Edited  by  JOHN  T.  McENNIS, 

Author  of  "The  Story  of  Labor,"  "A  Panorama  of  the  World,"  Etc. 


G.  P.  Woodward, 

Publisher  and  Manufacturer, 

I20  Sutter  St.,  San  Francisco,  Cal. 

1889. 


/ 


X 


y5^  ^' 


\ 


/W 


ft- 


PREFACE.  A 


i^ 


In  presenting  a  history  of  the  crime  of  May  4th,  last,  which 
startled  the  civilized  world,  and  which  is  still  the  topic  upon  every 
tongue,  the  publishers  feel  that  their  work  must  be  prefaced  by  a 
word  of  explanation. 

The  book  has  been  prepared  so  that  no  wrong  shall  be  done  the 
men  who  are  on  trial  for  their  lives,  and  no  improper  accusation 
brought  against  the  Irish  revolutionary  organizations.  There 
is  a  justice  also  due  the  public  by  honest  writers,  and  it  will  be 
found  that  that  too  has  been  fully  satisfied  in  these  pages.  The 
truth  has  been  told  without  fear  or  favor,  and  the  reader  will 
here  have  one  of  the  most  interesting  chapters  in  Irish  secret  his- 
tory, told  to  its  most  minute  details,  and  told  frankly  and  impar- 
tially. 

"Nothing  extenuate,  nor  set  down  aught  in  malice,"  has  been 
made  the  one  touchstone  by  which  every  part  of  this  book  has  been 
tried.  We  believe  that  the  public  will  agree  with  us  that  it  stands 
the  test. 

No  man  can  understand  the  condition  of  Irish  feeling,  or  the 
status  of  Irish  parties,  who  does  not  get  his  finger  upon  the  pulse 
of  the  revolutionary  movement.  For  that  reason  it  has  been  felt 
that  no  history  of  the  Cronin  case  could  be  complete — could  be 
even  intelligible,  on  account  of  the  charges  which  have  been 
made — which  did  not  show  the  origin  of  Irish  bitterness  against 
the  English  Government,  and  the  birth  and  growth  of  the  revolt 
against  alien  tyranny. 

Of  making  books  there  is  no  end.  Already  there  are  on  the 
market  several  different  publications,  and  each  eagerly  claiming 
public  attention  on  the  ground  that  it  is  tlie  story  of  the  crime 

(iii) 


ivi5880l9 


iv  PREFACE. 

It  is  not  worth  while  to  discuss  this  matter  here,  but  we  belieye 
it  is  proper  for  us  to  say  that  no  history  of  this  romantic  case  is 
complete  which  does  not  show  the  reason  why  the  killing  of  Dr. 
Cronin  has  been  imputed  to  the  Clan-na-Gael,  as  well  as  the  fact 
of  the  murder  itself. 

And  more  than  this.  It  lies  within  the  power  of  any  man 
to  take  the  Chicago  papers,  a  paste-pot  and  a  pair  of  shears,  and 
produce  the  "only  and  original  Cronin  case;"  but  we  have  be- 
lieved that  the  dry  details  of  the  court,  the  stereotyped  questions 
and  answers  of  witness  and  lawyer,  the  raw  conclusions  of  an 
often  prejudiced  as  well  as  an  always  hurried  reporter,  were  not 
what  the  great  body  of  the  people  would  want— could  they  get 
something  better. 

Not  a  page  of  the  book  that  follows  has  been  sent  to  the 
printer  without  thought  and  care.  Do  you  want  to  know  the  truth 
about  the  Cronin  case.?  the  whole  truth?  and  nothing  but  the 
truth  ? 

We  believe  you  will  find  it  here. 

The  Publishers. 


TABLE  OF  CONTENTS. 


BOOK  I. 


THK  DYNANIIXK  WAR. 


Chapteb  I. 

Celt  and  Saxon — The  irrepressible  conflict — The  seven  hundred 
years'  war — "To  Hell  or  Connaught" — Memories  of  Crom- 
well— No  Surrender — The  Orange  faction — Limerick  and  its 
sequel — Flight  of  the  wild  geese — A  legacy  of  the  Stuarts — 
The  penal  laws — The  Shan  Van  Vocht — From  Wolfe  Tone 
to  Robert  Emmet — "I  thank  God  I  have  a  country  to  sell" 
— O'Connell  and  emaixcipation — The  great  betrayal — Fifty 
years'  evictions — Starving  out  a  whole  people — A  fight  for 
life — The  choice  of  weapons 17 

Chapteb  II. 

The  open  movement — Home  Rule  and  its  leaders — Isaac  Butt — 
Charles  Stewart  Parnell — Divided  England — Davitt's  posi- 
tion— Dillon,  O'Brien,  and  the  plan  of  campaign — A  hero 
of  the  jail — Experiences  on  the  plank  bed — How  the  police 
treat  free  men — The  "garrison"  in  extremities — Retribu- 
tion and  the  "Removables" — The  landlord's  last  chance — 
Gladstone  and  his  work — Parnell's  prophecy  „ 30 

Chapter  III. 

Revolution  under  difficulties — Fenian  ism  and  the  Pope — The 
crusade  against  secret  societies — Hidden  conspiracies  in 
former  times — The  old  man  of  the  mountain — The  Assas- 
sins or  Hasheeshans — Knights  Templars  and  their  fate — 
The  Chouan — The  Red  Internationale — Nihilism,  Socialism 
and  Anarchy — Penalties  for  treason  in  Ireland  and  Italy — 
Curious  secret. oaths — The  Hell-fire  Club,  and  the  Monks  of 
the  Screw — Blood-curdling  rituals 39 

(V) 


▼i  CONTENTS. 

Chaptee  IV. 

Secret  societies  in  Ireland — Veiled  revolution — The  "Croppies' 
Holes" — How  Fenianism  began — McManus'  funeral — A. 
menacing  demonstration — Enrolling  the  soldiers — O'Dono- 
van  Rossa  and  the  conspiracy — Sergt.  Brett's  death — Allen, 
Larkin  and  O'Brien  hanged — "God  Save  Ireland !" — Parnell 
takes  up  the  work — Le  Caron  on  the  Clan-na-Gael — The 
dynamite  war — Twenty-nine  prisoners  in  English  jails — 
Record  of  the  explosions — Mackay  Lomasney  and  his  fate — 
Sketches  of  the  convicts 45 

Chapter  Y. 

Scotland  Yard  and  the  Clan-na-Gael — A  Roland  for  an  Oliver- 
How  detectives  detect — Information  at  market  rates — 
Capturing  a  police  cipher — Rival  cryptologists — Bogus  out- 
rages— Spies  in  America — Their  probable  number  and  pay — 
Humbugging  an  ambassador — Col.  Majendie  and  his  men 
— A  visit  to  the  Secret  Service — The  "Inner  Circle"  at  Scot- 
land Yard — The  phantom  of  dynamite — Trailing  a  suspect 
— The  jubilee  illumination 66 

Chapter  YI. 

How  the  Clan-na-Gael  began — The  oath  and  the  ritual — An 
organization  modeled  on  the  Catholic  Church — "Who  comes 
here?" — Strength  of  the  order — Its  finances — The  class  of 
members — Is  there  an  "inner  circle"? — The  I.  R.  B.  in 
France — Hunting  for  the  Paris  headquarters — The  reor- 
ganization— The  Triangle  and  the  leaders — Work  with  the 
diplomatists — "Where  England  has  an  enemy  we  have  a 
friend" — Negotiations  with  Russia — Help  for  the  Mahdi — 
"Our  allies  in  South  Africa" — Dhuleep  Singh  and  the  In 
dian  revolt 78 

Chapter  YII. 

"Parnellism  and  Crime" — The  London  Times'  attack — Its  purpose 
and  its  scope — The  Irish  question  in  English  politics — 
The  forged  letters — The  charges  against  Parnell — The 
Parnell  commission — Importance  of  the  result — Egan  and  the 
forgeries — Running  down  the  criminal — Priming  a  bomb- 


CONTENTS.  vii 

shell — The  Times'  case — Help  from  the  Government — Par- 
nelFs  "r" — Pigott  broken  down — His  flight  and  suicide.  .96 

Chaptee  VIII. 

English  detectives  in  America — Treason  in  the  Fenian  ranks — 
P.  W.  Dunne  and  P.  J.  Meehan  condemned  to  death — The 
"Lost  Documents" — How  a  torn  pair  of  drawers  put  life  and 
liberty  in  danger — Carey  and  the  Invincibles — Tracking  a 
traitor — A  revolutionary  execution — "Major  Le  Caron" — 
Betrayal  on  a  cash  basis — Parnellism  and  crime — Le  Caron's 
futile  disclosures — His  personality — Alexander  Sullivan  his 
sponsor — Le  Caron's  life  in  Chicago .104 

Chaptee  IX. 

American  excitement — Charges  and  counter  charges — What  Le 
Caron  testified — A  futile  treason — The  Devoy-Egan  con- 
troversy— Were  the  names  given? — McCahey's  appeal  to 
Egan — Cronin  and  Sullivan — A  bitter  fight — The  Buffalo 
convention — Reading  the  report — Exciting  scene  in  Camp 
20 — Beggs'  letters  to  Spelman — Was  there  a  trial  commit- 
tee ? — And  was  there  a  trial  ? — Street  gossip  and  Clan 
secrets 117 


BOOK  II. 


THK  BI^O^?^/  IN   "TMK  DARK, 


Chaptee  I. 

H.  Cronin  in  Chicago  and  St.  Louis — His  birth  and  family — 
Learning  to  sing — Was  he  a  militiaman  ? — Two  sides  to  a 
vexed  question — He  studies  medicine — Personal  traits — 
Cronin  and  the  cat — He  joins  the  Clan-na-Gael — Cronin  and 
the  Foresters — His  friendship  for  John  Devoy — He  attacks 
the  Triangle 123 


?iii  CONTENTS. 

Chaptee  II. 

Alexander  Sullivan — In  Detroit  and  Chicago — His  character  and 
his  friends — The  Han  ford  case — His  work  for  Ireland — How- 
Sullivan  is  regarded  in  the  Old  Country — Davitt  and  Par- 
nell — Sullivan  and  Egan — Blaine's  friendship — The  charges 
at  Toronto — The  newspaper  attack — Fair  and  unfair  criti- 
cism— Paying  off  old  scores — Cronin's  circular  as  a  text — 
An  unprejudiced  view 140 

Chaptee  III. 

More  tales  of  Camp  20 — Beggs'  speech — What  Coughlin  said — 
O'Connor's  fii-ebrand — A  stormy  meeting — Was  a  life  at 
stake  ? — Why  feeling  ran  high — Charges  of  treason — Irish 
opinion — Reasons  pro  and  con — Cronin's  friends  to  the  res- 
cue— Clearing  the  memory  of  the  dead — The  peculiar  features 
of  the  debate — But  one  side  yet  heard — Guesses  at  the  pri- 
vate defense 150 

Chapter  IY. 

O'Sullivan  and  his  cards — The  contract  with  the  Doctor — A  lib- 
eral arrangement — The  flat  on  Clark  Street — Waiting  for  a 
sick  sister — Buying  the  big  trunk — Getting  an  expressman — 
Money  no  object — The  tenants  of  the  Carlson  cottage- 
Furnishing  a  death  trap — How  the  conspirators  must  have 
lived — Camping  out  in  a  bare  room — Waiting  for  the  vic- 
tim— Troubled  dreams 165 

Chaptee  V. 

A  fine  night  for  a  long  ride — The  white  horse  and  the  buggy 
— O' Sullivan's  card — A  deferred  meeting — "  Here  is  the 
key" — Where  is  the  Doctor  ? — Looking  for  news — Mrs. 
Conklin's  anxiety — Alarming  his  friends — The  police  in- 
formed— Losing  valuable  time — The  bloody  trunk  found — 
Suspicion,  but  no  proofs — Conflicting  theories — Anxiety  and 
slander 275 


CONTENTS.  ix 

BOOK  III. 


MURDKR  WIIvIv  OUX," 


Chapter  I. 

Dinan  and  his  suspicions — The  secret  nearly  told — Miss  Murphy's 
story — Cronin  seen  in  a  cable  car — The  conductor  tind  the 
lint — Cronin  in  Toronto — Long's  queer  dispatches — Cronin's 
friends  declare  them  fakes — Excitement  in  both  factions — 
Woodrnff  comes  on  the  scene — Waiting  for  more  develop- 
ments— Scattering  of  the  conspirators — Cronin's  anxiet}' — 
Capt.  Schaack's  work 1 85 

Chapter  II. 

The  catch-basin  on  Evanston  Avenue — Complaints  of  the  neigh- 
l3ors — An  evil  smell — Looking  for  the  cause — A  ghastly 
find — Can  it  be  Cronin  ? — How  the  body  looked — The  Agnus 
Dei — Marks  of  identification — The  scene  at  the  Morgue — 
"  Yes,  it  is  he!" — Commotion  in  the  city — Intense  excite- 
ment among  the  Irish — Charges  of  murder  freely  made — 
Preparing  for  the  prosecution — A   great  funeral 197 

Chapter   III. 

Woodruff  and  his  many  stories — The  first  clue — The  cottage  at 
1872  Ashland  Avenue — What  the  Carlsons  saw  and  heard — 
Suspicious  circumstances — Williams  and  his  story — Who  is 
Williams? — The  Hammond,  Ind.,  letter — Burke's  picture 
found — Revell's  mark — What  the  salesman  believed — The 
bloody  foot-prints — Blood  on  the  shutter — Painting  over 
crime  —  The  theater  of  the  murder — The  broken  arm- 
chair  210 

Chapter  IV. 

Once  more  the  white  horse — A  failure  to  identify — "Maj." 
Sampson's  story — Coughlin's  suspicious  conduct — His  ar- 
rest— O'Sullivan  in  custody — The  case  against  each — Weav- 
ing the  web — Fatal  circumstances  accumulate  —  Cooney, 
•'the  P^ox" — Chasing  the  fugitives — Bewilderment  upon  all 


X  CONTENTS. 

hands — Where  does  the  conspiracy  reach? — Charges  against 
Alexander  Sullivan — Cronin's  friends  organize 223 

Chaptee  V. 

Witnesses  at  the  inquest — Getting  at  the  crime — Cronin's  prophecy 
— The  pamphlet  again — From  the  flat  to  the  cottage — Luke 
Dillon  on  the  stand — A  sensational  statement — Sullivan's 
protest — He  is  arrested — The  report  on  the  charges — A  re- 
view of  the  work  done  on  the  case — Detective  failures  and 
detective  successes — The  verdict  of  the  Coroner's  jury  — 
Newspaper  comment 230 

Chapteb  YI. 

Sullivan  gives  $20,000  bail — A  special  grand  jury — Windes'  testi- 
mony— Martin  Burke  taken  in  Winnipeg — How  he  was  found 
— Some  secret  history — A  warning  from  Michigan — John  F. 
Beggs  in  jail — His  curious  history — A  man  of  odd  adventures 
— His  record — Why  he  joined  the  CJan-na-Gael — Indictments 
against  Beggs,  Coughlin,  O'Sullivan,  Burke,  Cooney,  Wood- 
ruff and  John  Kunze — Sketches  of  the  suspects 239 

Chapteb  VII. 

The  fight  in  Winnipeg — Burke  identified  as  Frank  Williams — An 
exciting  legal  battle — Senator  Kennedy  turns  up — The  extra- 
dition proceedings — The  Chicago  end  of  the  case — Help  for 
Burke — Beggs'  effort  for  release — Dwyer  flies  from  the  city — 
Burke  brought  from  Manitoba — The  ''J.  G."  dispatch — The 
prisoner's  precautions — Fears  of  a  rescue — The  jump  from 
the  train — Hurried  to  his  prison — "Not  guilty !"— The  rival 
picnics — Funds  for  the  prosecution ......  258 

Chaptee  YIII. 

Closing  up  the  case — Klahre  and  the  tin  box — Mrs.  Whalen  and 
her  visits  to  the  jail — Will  any  one  confess  ? — The  prisoners 
stubborn — Trying  for  a  severance — The  change  of  venue — 
Woodruff  separated  from  the  others — Woes  of  a  "confessor" 
— The  suspects  before  Judge  McConnell — Ending  of  the  pre- 
liminaries— Calling  the  conspiracy  case. ,,....  271 


CONTENTS.  xi 

BOOK  IV. 


Chaptee  I. 

Wanted,  a  jury — The  attorneys  on  either  side — Luther  Laflin  Mills 
and  Wm.  J.  Hynes — How  they  came  into  the  case — Hynes 
and  Alexander  Sullivan — Forrest,  Donahoe  and  Wing — Their 
peculiarities — A  les^al  tournament — The  challenges — The  first 
juror — Cost  of  the  panel — Expensive  articles — Odd  statistics 
of  the  case — The  lesson  of  the  Anarchist  trials — Popular 
speculations  on  the  result — The  jury  complete — Who  the 
men  were 285 

Chapter  II. 

A  bomb-sheil  in  the  court — Charges  of  bribery — How  the  crime 
was  discovered — A  talesman's  story — 11,000  for  a  verdict — 
Excitement  in  the  city — "Peaty's  in  the  box" — Bailiffs  Hanks 
and  Salamon  arrested — Other  captures — Wild  suspicions — 
John  Graham  in  custody — His  connection  with  A.  S.  Trude, 
Sullivan's  lawyer — His  reputation — The  "J.  G."  dispatch 
again — Henry  E.  Stoltenberg  brought  in — A  special  grand 
jury — Indictments  all  around — An  amazing  attempt 300 

Chapter  III. 

State's  Attorney  Longenecker  opens  the  case — What  the  State 
agreed  to  prove — The  coil  of  evidence — Getting  down  to 
hard  work — "Call  Henry  Roesch" — The  finding  of  the  body 
— Cronin's  ''base-ball  finger" — A  tailor's  tale — Leg  measure- 
ments— What  a  barber  remembered — The  scar  on  the  head 
— Maurice  Morris  and  Joseph  O'Byrne  —  Completing  the 
identification — The  dentist  and  the  teeth 310 

Chapter  IV. 

.'How  the  end  came — The  broken  skull — The  hour  of  death — A 
curious  time-piece — The  record  of  the  stomach — Dr.  Moore 
and  the  newspapers — Dinan  and  Coughlin— The  detective's 
plea — The  driver  of  the  buggy — Mrs.  Conklin's  story — The 


xii  CONTENTS. 

stranger  with  the  card — Cronin  drives  away — The  last  scenes 
— '*God  knows  how  long" — O'Sullivan's  explanation — Epi- 
sodes of  the  legal  work 328 

Chapter  Y. 

The  State's  full  case — The  trial  committee  not  proven — The 
chances  for  Beggs — Coiighlin,  Burke  and  O'Sullivan  about 
the  Carlson  cottage — A  fatal  drink — The  case  against  Kunze 
' — Unfortunate  cleanliness — Mertes,  the  milkman — Details  of 
Cronin's  last  night — iThe  theory  of  the  murder — The  Doctor's 
clothes  found  at  last — Sensational  scene  in  court — Mrs.  Hoer- 
tel  on  the  stand — Her  startling  evidence — Clancey  and  O'Sul- 
livan— The  experts  on  the  relics — The  volume  of  proof — 
Dangerous  revelations 344 

Chapter  VI. 

The  case  for  the  defense — Contradictions  of  the  State's  witnesses 
— The  white  horse  again — Attacking  Mrs.  Conklin's  identi- 
fication of  the  famous  animal^ — Impeaching  alibis  for  Kunze, 
Coughlin,  Burke  and  O'Sullivan — The  German  Clan-na-Gael 
— Why  Kunze  said  he  would  be  arrested — Mat  Dannahy's 
evidence — Coughlin  at  the  station — O'Sullivan's  whereabouts 
— Circumstance  against  circumstance 360 

Chapter  YII. 

The  case  for  the  defense  continued — An  alibi  for  the  white  horse 
— Louis  Budenbender's  testimony — "  It  was  a  gray  horse  " — 
The  surprise  from  Hoboken — More  expert  evidence  on  hair 
and  blood  corpuscles — How  scientists  disagree — Interesting 
details — The  philosophy  of  not  knowing — Arresting  a  witness 
*«^How  Budenbender  was  subpoenaed — Mertes  again  on  the 
stand — Carlson's  testimony  seriously  impeached — A  breach 
in  th^  wall  of  evidence — The  prisoners'  hoDe 376 

Chapter  YIII. 

.Evidence  in  rebuttal — A  curious  incident — "That  is  a  lie!" — 
Attacking  the  alibis — Swanson's  famous  drive— Dan  Cough- 
lin's  knives — A  sensational  episode — T.  T.  Conklin  and  the 
Lowenstein  brothers  on  the  stand — Coughlin's  trousers — 
The  knives  and  their  meaning 390 


CONTENTS.  xiii 

BOOK  V. 


THK  APPEAL  TO    THK  JURY. 


Chapter  I. 

Lorigenecker's  review  of  the  case — The  "  mountain  peaks  "  of  the 
evidence — The  secret  committee — Letters  of  Beggs  and  Spel- 
man — '"That  committee  reports  to  me  alone  " — From  Camp 
20  to  the  Clark  Street  flai — From  the  flat  to  the  Carlson  cot- 
tage— A  chain  of  guill — Why  Cronin  was  denounced — 
O'Sulli van's  contract — Burke  and  his  flight — Coughlin's 
share  in  the  plot — Kunze  at  the  flat — An  array  of  damning 
circumstances  —  Common  sense  and  circumstantial  evi- 
dence   403 

Chapter  II. 

Judge  Wing's  discourse — Stating  the  case  for  Dan  Coughlin — 
^'A  strangely  circumstantial  case  " — The  famous  Hull  case 
cited — A  word  for  the  Clan-na-Gael — Daniel  O'Connell  and 
broad  patriotism — '^St.  Bartholomew's  night  and  the  fires 
kindled  by  Calvin  " — A  careful  statement  of  the  evidence — 
The  distinction  between  suspicion  and  proof — An  eloquent 
plea 424 

Chapter  III. 

George  Ingham  for  the  State — A  powerful  plea — "  Why  was  Dr. 
Cronin  slain?  Because  h^  was  condemned  to  die  !" — The 
prosecution's  view  of  circumstantial  evidence — Conspirators 
and  accessories — Tracing  the  plot — Kunze's  interruption 
''God  knows  I  am  innocent" — Daniel  Donahoe's  plea  for 
O'Sullivan  and  Kunze — Analj^zing  the  motives — Mistaken 
identity — What  the  law  considers  a  reasonable  doubt — 
The  presumption  of  innocence — The  duty  of  jurors  indi- 
vidually   435 

Chapter  IY. 

Hynes'  address  to  the  jury — His  wonderful  voice — Examining 
the  defense — Taking  refuge  in  alibis — O' Sullivan's  guilt — 
Where  was  Dan  Coughlin  ? — Burke's  damning   flight — The 


xiv  CONTENTS. 

least  guilty  conspirator — A  chance  for  Kunze — Mat  Dan- 
nahy's  testimony — Why  Cronin  was  murdered — The  trial  in 
the  dark — A  murderous  slander — Marshaling  the  facts — 
An  impassioned  plea  for  justice — Scenes  in  the  court- 
room  459 

Chapter  V. 

The  case  for  Beggs — William  A.  Foster  takes  the  floor — Amen- 
ities between  counsel — The  Clan-na-Gael  not  on  trial — -Pri- 
vate vengeance  instead  of  public  justice — Beggs'  life  an  open 
book — His  assistance  to  the  State — '^My  client  is  not  a  fool, 
tool  or  dupe  " — Dr.  Cronin  was  a  dynamiter^ — The  election 
in  Camp  20 — -A  curious  omission— Compliments  for  Mr.  Ing- 
ham— ''  Don't  forget  Beggs  " — A  heated  debate — ^Beggs  at 
the  reunion — '^Tell  all  you  know" — An  eloquent  sum- 
mary 479 

Chapter  YI. 

The  last  word  for  the  prisoners — Forrest's  wonderful  address — 
An  ingenious  and  forcible  plea — "  The  jury  is  bound  to  ac- 
quit " — The  law  of  reasonable  doubt — Whose  was  the  hidden 
hand  ? — Suspiciously  prodigious  memories — The  futility  of 
expert  evidence — As  to  Mrs.  Hoertel — "  F.  W.'s"  hand- 
writing— Coughlin  and  Kunze — Mrs.  Conklin's  mistakes — A 
motiveless  crime — An  appeal  for  Burke — "  No  Peroration 
have  1  "—"Do  your  duty." 491 

Chapter  YII. 

Mr.  Mills'  Illness — Disappointment  in  the  court — Too  sick  too 
speak — State's  Attorney  Longenecker  takes  his  place — A  forc- 
ible summing  up — Judge  McConnell's  instructions — The  law 
of  murder  and  the  law  of  conspiracy — The  duty  of  the  jurors 
— A  magnificent  presentation  of  the  law — The  jury  retires — 
How  the  prisoners  acted — A  criminal  museum — Suspense 
through  the  city — The  verdict 510 


INTRODUCTION. 


)HE  matter  contained  in  the  following  pages  is,  I  believe,  as 
nearly  the  truth,  in  fact  and  in  inference,  as  any  one  can 
come  who  does  not  pretend  to  more  than  an  anxious  desire 
that  the  truth  should  be  told  in  the  Cronin  case ;  or  to  more  than 
such  access  to  the  facts  as  the  title  page  of  this  volume  displays. 

I  know  that  a  book  written  in  this  fashion  will  not  please  the 
eager  partisans  of  either  side  in  this  controversy.  It  is  simply  an 
effort  to  set  forth  acknowledged  and  indisputable  matters  so  ar- 
ranged that  the  reader  can  grasp  their  meaning  and  their  bearing, 
whether  favorable  to  his  own  view  or  not. 

About  one  thing  alone  have  I  been  in  doubt,  and  that  is  as 
to  whether  I  should  have  admitted  into  the  volume  the  ritual  of 
the  Clan-na-Gael  as  it  appears  in  Chapter  VI.  of  the  first  book. 
Mr,  Loewenstein,  the  city-editor  of  the  St.  Louis  Republic^  secured 
and  published  this  matter  from  a  source  well  known  in  St.  Louis, 
making  it  public  property.  It  was  copied  all  over  the  country  at 
the  time,  a  similar  document  was  sworn  to  before  the  grand  jury 
by  Luke  Dillon,  and  it  is  an  affront  to  the  intelligence  of  any  man 
to  pretend  that  there  is  any  secrecy  left  about  it.  I  can  see  no 
good  reason  why  it  should  not  be  reproduced  here — while  there 
are  many  reasons  why  it  should. 

Another  thing  which  is  necessary  to  say  before  quitting  this 
personal  explanation  is  this.  Upon  two  points  solely  have  I  asked 
the  advice  of  friends,  and  in  both  of  them  I  have  not  taken  the 
advice  given.     One  point  was  as  to  the  title  page  of  the  book ;  the 


xvi  INTRODUCTION. 

other,  the  matter  referred  to  above,  about  the  old  ritual  of  the 
Clan.  The  opinions,  arguments  and  inferences  are  my  own,  and 
they  are  published  without  conference  or  consultation  with  any 
man.  No  one  is  responsible  save  myself,  and  for  what  any  will 
find  to  criticise  I  must  be  the  sole  target. 

All  that  I  can  say  finally  is  this,  that  in  one  respect  this  vol- 
ume resembles  a  certain  well  known  Southern  clime^—it  is  paved 
with  good  intentions. 

John  T.  McEnniSp 
Chicago,  December,  1889o 


BOOK  I. 


THK  DYNAIVHTTK  WAR. 


Chapter  I. 
Celt  and  Saxon— The  Irrepressible  Conflict — The  Seven  Hundred 
Years'  War — "To  Hell  or  Connanght" — Memories  of  Crom- 
well— No  Surrender — The  Orange  Faction — Limerick  and 
its  Sequel— Flight  of  the  Wild  Geese — A  Legacy  of  the 
Stuarts — The  Penal  Laws — The  Shan  Van  Vocht — From 
Wolfe  Tone  to  Robert  Emmet — "I  thank  God  I  have  a 
Country  to  SelF'—O'Connell  and  Emancipation — The  Great 
Betrayal — Fifty  Years'  Evictions— Starving  out  a  whole  Peo- 
ple— A  Fight  for  Life — The  Choice  of  Weapons. 

)HE  month  of  May  in  the  year  of  our  Lord  1169,  and  a 
rocky  promontory  on  the  coast  of  Wexford  bearing  the 
barbarous  name  of  "Bag-an-bun,"  may  seem  to  the  reader 
far  in  time  and  wide  in  space  from  the  month  of  May  in  the  year 
1889,  and  the  little  frame  cottage  on  Ashland  Avenue  in  the  city 
of  Chicago,  where  Dr.  Cronin  was  murdered.  Yet  to  understand 
the  one,  the  reader  must  know  something  of  the  other.  Fortu- 
nately for  his  patience  the  connection  is  one  which  can  be  rapidly 
sketched,  and  I  will  agree  to  pack  all  the  ancient  history  I  pro- 
pose to  tell  in  this  one  chapter. 

A  band  of  Welsh  and  Norman  adventurers  there  began 
the  conquest  of  the  Irish,  which  is  still  going  on  after  seven  cen- 
turies, with  as  much  bitterness  as  ever,  and  with  as  little  hope  of 
truce  or  peace.  The  Saxon  element  was  not  long  in  following  the 
pioneers,  and  the  struggle  of  the  Celt  with  the  Saxon  began.  Peo- 
ple talk  with  wonder  of  the  thirty  years'  war  on  the  Continent; 
but  here  is  a  seven  hundred  years'  war  still  in  progress. 

I  shall  not  argue  mooted  points,  or  marshal  authorities,  but 
here  is  what  everyone  of  Irish  blood  believes : 

(17) 


18  THE  DYNAMITE  WAR. 

1st.  That  we  have  a  right  to  life,  liberty,  and  the  pursuit  of 
happiness. 

2d.  That  the  English  Government  has  done,  and  is  doing, 
all  in  its  power  to  prevent  our  kin  from  enjoying  these  rights. 

When  the  British  Empire  is  brought  to  the  great  assize  of 
history,  many  will  be  the  counts  in  the  indictment  against  it. 

In  Ireland  it  has  ruled  by  secret  murder  and  open  massacre, 
by  bribery,  by  treason,  by  all  those  crimes  which  make  the  name 
of  England  hateful  to  the  world;  and  when,  frantic  under  the  bur- 
den of  wrong,  the  Gael  mutters  his  oath  of  vengeance,  or  calls  out 
to  Europe  to  witness  the  infamy  of  his  oppression,  there  is  the 
ready  sneer  that  it  is  all  the  "blind  hysterics  of  the  Celt." 

Let  it  be  what  it  will,  and  let  us  get  to  facts  from  causes. 
The  Irish  people,  and  I  know  them  as  T  know  myself,  have  had 
welded  into  the  very  core  of  their  being  a  burning  hate  of  Eng- 
land, that  paper  compromises  or  soft  words  will  not  quench. 
You  will  find  this  motive  in  the  true  Gael,  if  you  miss  all  the 
others.  It  lies  beneath  the  surface.  He  may  not  wear  it  on  his 
sleeve ;  but  it  is  there — deeper  and  more  of  a  living  force  even 
than  his  religion. 

Demagogues  may  play  upon  it,  "self-seeking"  patriots  may 
thrive  upon  it.  By  it  he  may  be  swindled,  misled,  betrayed,  but 
you  cannot  kill  the  sentiment  until  you  kill  the  Celt.  And  his 
children  will  suck  it  in  with  their  mother's  milk,  until  the  day 
does  come  when  the  long  reckoning  will  be  presented  for  settle- 
ment, as  come  it  must. 

Cromwell  drove  the  people  from  the  more  fertile  provinces 
with  the  cynic  direction,  "To  hell  or  Connaught,"  and  to  hell  or 
Connaught  they  went,  carrying  with  them  nothing  from  the  lands 
of  their  fathers  but  hate,  and  the  wild  purpose  to  fight  while  they 
could. 

At  Drogheda  men,  women  and  children  were  put  to  the 
sword  in  one  common  massacre,  "to  encourage  the  others." 
William  of  Orange  followed  in  the  Protector's  footsteps,  and  more 


THE  DYNAMITE  WAR.  19 

men  and  women  were  killed  for  the  moral  effect.  The  treaty  of 
Limerick  is  one  monument  to  English  treachery;  the  Orange 
faction  another.  And  all  the  time  while  a  disarmed  people  were 
exposed  to  the  savage  assaults  of  a  ruthless  soldiery,  the  adven- 
turers, with  perjury  as  their  chief  weapon,  were  confiscating  Irish 
land.  With  one  hand  on  Ireland's  throat,  and  the  other  in  the 
Irish  pocket,  the  England  of  the  revolution  cuts  an  heroic  figure 
in  the  last  two  centuries. 

Everything  that  ingenuity  could  devise  to  destroy  the  lead- 
ers, to  demoralize  and  enslave  the  people,  and  to  rob  all  classes, 
from  the  chieftain  in  his  castle  to  the  beggar  in  his  hovel,  was 
done.  It  was  the  sordid  assault  of  a  national  garroter,  and  in 
part  it  won.  The  leaders  were  as  a  class  driven  out ;  they  formed 
the  "wild  geese"  who  passed  over  to  France,  and  who  left  their 
mark  at  Fontenoy  and  upon  many  another  stricken  field.  The 
people  were  dispossessed  of  their  farms  and  of  their  property, 
and  the  penal  laws  came  to  trample  still  more  cruelly  downward 
a  brave,  generous  and  deserving  race. 

For  a  time  Ireland  looked  to  France.  There  were  the  soldiers 
of  the  Brigade  winning  honor  and  vengeance,  but  French  help 
was  a  miserable  dependence,  despite  the  song  of  the  Shan  Van 
Vocht,  and  in  1798  the  unarmed  people  desperately  rose.  They 
were  beaten  down  of  course.  They  had  no  capnon,  practically 
no  firearms,  and  no  cavalry,  against  one  of  the  best  equipped 
kingdoms  of  Europe.  A  wild  carnival  of  vengeance  upon  the 
rebels  followed.  Men  were  hung,  shot,  drowned,  upon  no  trial, 
merely  because  they  were  Irish. 

Their  dishonored  bodies  were  thrown  into  vast  pits,  still 
called  croppies'  holes,  and  Ireland  was  once  more  pacified.  There 
was  no  more  confiscation  to  make,  because  the  garrison  had  long 
before  made  away  with  all  the  property  on  the  island,  and  there 
was  nothing  left  to  take  but  life.  It  was  taken  greedily,  and  this 
not  a  hundred  years  ago. 


20  THE  DYNAMITE  WAR. 

For  a  time  Ireland  lay  prostrate.  Nationality  was  dead. 
With  shameless  and  open  bribery  the  act  of  Union  was  passed 
by  Lord  Castlereagh — his  criminal  work  fitting  in  well  with  the 
time  when  a  representative  in  the  Irish  Parliament  could  calmly 
reply  to  the  taunt  that  he  was  selling  his  country  with  the  cool 
and  pious  statement,  "I  thank  God  I  have  a  country  to  sell." 

The  noble  but  futile  struggle  of  Emmet,  and  of  other  self- 
sacrificing  patriots,  was  in  vain,  and  the  people  could  only  wait, 
hoping  against  hope,  and  laying  up  stores  of  vengeance  to  be 
drawn  upon  later. 

Daniel  O'Connell  was  the  first  leader  of  the  new  Ireland.  By 
his  own  unaided  force  he  secured  Catholic  emancipation,  which  he 
believed,  and  the  Irish  people  believed,  the  first  step  toward  free- 
dom, and  yet  which  was  the  greatest  Irish  mistake  of  the  century. 
It  was  a  sop  to  Cerberus — no  more.  The  "respectable  Catholics," 
as  they  were  called  in  derision,  went  over  in  a  body  to  the 
Government,  which  had  offices  to  give  and  money  to  pay  out,  de- 
serting their  country  at  the  very  time  its  hopes  were  highest,  and 
its  prospects  brightest.  They  fell  away  from  the  Repeal  agita- 
tion, and,  in  spite  of  O'Connell's  desperate  struggles,  that  agita- 
tion came  to  naught,  and  Ireland  once  more  saw  that  truth  which 
is  the  only  truth  in  the  struggle  with  England,  that  physical  force 
is  the  only  argument  to  which  the  Government  will  listen. 

So  rose  the  "Young  Ireland"  party,  which  began  with  the 
foundation  of  the  Nation  newspaper,  by  Charles  Gavan  Duffy,  in 
1842,  and  as  it  rose  the  Repeal  agitation  crumbled  away,  getting 
its  death  blow  from  the  Maynooth  grants,  by  which  the  English 
Government  bought  up  church  help,  and  induced  the  Vatican  to 
become  its  ally. 

In  1846  came  the  famine.  The  economic  condition  of  the 
island  had  gone  from  bad  to  worse.  Rack  rents  were  the  rule, 
poverty  was  the  rule.  The  people  had  been  brought  to  rely  upon 
the  potato  as  their  staple  article  of  diet,  and  in  that  year  the  potato 
rot  appeared.  The  corn  crop  was  abundant,  but  that  had  to  go  for 


THE  DYNAMITE  WAR.  21 

the  rent.  Fever  and  famine  scourged  the  land.  The  people  lay 
dead  but  unburied  by  the  road-side.  Those  who  could  fled  be- 
yond the  seas,  but  so  wasted  and  worn,  that,  just  as  an  instance,  of 
493  passengers  on  the  "Queen,"  136  died;  of  552  on  the  "Avon," 
236  died.  89^783  persons  embarked  for  Canada  in  1847;  6,100 
of  these  perished  on  the  voyage,  4,100  on  their  arrival,  5,200 
more  in  the  hospital,  1,900  in  the  town  to  which  they  repaired — 
and  this,  remember,  is  from  the  official  report. 

No  man  can  tell  how  many  people  died  of  the  famine  and  the 
fever.  They  were  mere  Irish,  and  it  did  not  matter.  Says  one 
of  the  most  careful  writers  on  this  subject,  T.  P.  O'Connor,  M.  P., 
in  his  history  of  the  Parnell  movement: 

"The  population  of  Ireland  by  March  30,  1851,  at  the  same 
ratio  of  increase  as  held  in  England  and  Wales,  would  have  been 
9,01 8,799 — it  was  6,552,385.  It  was  the  calculation  of  the  Census 
Commissioners  that  the  deficit,  independently  of  the  emigration, 
represented  by  the  mortality  in  the  five  famine  years,  was  985,366, 
nearly  a  million  of  people.  The  greater  proportion  of  this  million 
of  deaths  must  be  set  down  to  hunger  and  the  epidemics  which 
hunger  generated.  To  those  who  died  at  home  must  be  added 
the  large  number  of  people  who,  embarking  on  vessels  or  landing 
in  America  or  elsewhere,  with  frames  weakened  by  the  famine,  or 
diseases  resulting  from  the  famine,  perished  in  the  manner  already 
described.  Father  O'Rourke,  calculating  these  at  17  per  cent,  of 
th6  emigration  of  1,180,409,  arrives  at  the  total  of  200,668  per- 
sons who  died  either  on  the  voyage  from  their  country,  or  on 
their  arrival  at  their  destination.  This  would  raise  the  total  of 
deaths  caused  through  the  Irish  famine  to  upwards  of  a  million 
people." 

John  Mitchell,  Smith  O'Brien  and  the  other  Young  Irelanders 
made  a  desperate  stand  in  1848.  They  were  rewarded  with  the 
prison  and  exile,  and  Ireland,  now  starved  into  paralysis,  once 
more  waited. 


22  THE  DYNAMITE  WAR. 

In  1850  the  Tenant  Rights  movement  began.  William  Keogh 
put  himself  at  its  head,  only  later  to  betray  the  people  for  a 
judgeship,  like  another  Judas,  with  his  thirty  pieces  of  silver. 
The  record  of  the  time  is  so  hopeless  and  so  disgusting  that  I 
will  not  dwell  upon  it.  Suffice  it  to  say  that  once  more  every 
hope  the  Irish  people  could  form  of  justice  and  right  through 
peaceful  agitation  was  blasted,  and  with  cynical  propriety  the 
very  man  who  had  held  himself  out  as  the  leader  and  the  hope 
of  Ireland,  was  put  to  the  work  of  crushing  his  kinsmen,  work 
that  he  did  with  the  loving  care  of  an  apostate,  anxious  to  prove 
his  conversion  by  the  zeal  of  his  persecution.  And  thus  we  bring 
the  narration  down  to  1865,  which  may  be  fairly  regarded  as  the 
opening  of  the  present  campaign. 

Perhaps  I  should  not  have  gone  so  far  back  for  the  beginning 
of  my  story.  It  is  a  commencement  that  leads  itself  to  the 
favorite  English  defense,  that  Irish  wrongs  are  ancient  history. 

To  go  no  further  back  than  the  present  reign  of  Queen  Vic- 
toria, here  is  the  awful  record  of  what  British  rule  has  done  in 
Ireland,  summarized  and  abridged  to  its  ultimate  limits.  The 
article  is  taken  from  the  Chicago  Citizen^  and  is  the  best  and  most 
succinct  explanation  of  why  Irishmen  hate  England  that  the 
writer  has  yet  seen.     It  runs  as  follows: 

There  are  many  reasons  why  the  inhabitants  of  Ireland  should 
submit  gracefully  to  the  rule  of  the  Queen  and  Empress,Victoria, 
by  the  grace  of  God  supreme  ruler  of  the  British  Isles.  Her 
many  benefactions  to  the  "mere  Irish"  are  well  known,  and  in 
this  article  I  shall  attempt  to  set  them  forth  with  circumstantiality. 
If  the  unalterable  and  benign  bestowal  of  rags,  poverty,  starva- 
tion, chains  and  the  gallows  be  not  sufficient  to  awaken  the  grati- 
tude of  a  people,  I  should  like  to  know  what  isl  At  all  events, 
here  is  the  record  : 

1837 — Her  most  gracious  Majesty  began  her  reign  without 
coercion.  Gustave  de  Beaumont,  a  French  writer,  noting  the 
condition  of  Ireland  at  the  time,  says:  "I  have  seen  the  Indian 
in  his  forest,  and  the  negro  in  his  chains,  and  I  thought  that  I  be- 


24  THE  DYNAMITE  WAR. 

held  the  lowest  form  of  human  misery;  but  I  did  not  then  know 
the  lot  of  Ireland.  .  .  Seeing  it,  one  recognizes  that  no  theoretical 
limits  can  be  assigned  to  the  misfortunes  of  nations." 

1838 — The  Duke  of  Wellington  declared  that  never  was  a 
countr}^  in  which  poverty  existed  to  such  a  degree  as  in  Ireland. 
(1)  An  Arms  act  passed. 

1839— London  Times,  Oct.  25,  1839:  "In  order  to  benefit 
a  small  knot  of  haughty,  unfeeling,  rapacious  landlords,  the  well- 
being  of  millions  is  disregarded."  (2)  An  Unlawful  Oaths  act 
passed. 

1840 — (3)  Another  Arms  act. 

1841 — Two  coercive  measures — (4)  an  Outrage  act  and  (5) 
an  Arms  act. 

1842 — Provision  riots.     Numerous  outrages. 

1843 — Thackeray,  in  "Irish  Sketch  Book":  "Men  are  suffer- 
ing and  starving  by  millions."  (7)  Another  Arms  act,  and  (8) 
an  act  consolidating  all  previous  Coercion  acts. 

1844 — In  his  "Travels  in  Ireland,"  Kohl,  a  German  writer, 
says:  "I  doubt  whether  in  the  whole  world  a  nation  can  be  found 
subjected  to  the  physical  privations  of  the  peasantry  in  some  parts 
of  Ireland."  Disraeli,  House  of  Commons,  Feb.  16,  1844:  "We 
have  a  starving  population,  an  absentee  aristocracy,  the  weakest 
executive  in  the  world:  that  is  the  Irish  question."  (9)  Unlaw- 
ful Oaths  acts  passed. 

1845 — Times,  June  36,  1845:  "The  people  have  not  enough 
to  eat.  They  are  suffering  a  real,  though  artificial,  famine."  (10) 
Unlawful  Oaths  act  passed. 

1846 — Captain  Wynne,  a  government  oflScial:  "Famine  ad- 
vances on  us  with  great  strides."  Lord  John  Russell :  "We  have 
made  Ireland — I  speak  it  deliberately — the  most  degraded  and 
most  miserable  country  in  the  world."  (11)  Constabulary  En- 
largement act. 

1847 — Mr.  Bingham,  House  of  Commons:  "We  are  driving 
six  millions  of  people  to  despair  and  madness.  .  .  The  people  of 
England  have  most  culpably  and  foolishly  connived  at  a  national 
iniquity.  The  landlords  exercise  their  rights  with  a  hand  of  iron, 
and  deny  their  duties  with  a  brow  of  brass."  Times,  Feb.  27: 
"89,758  emigrants  embarked  for  Canada.  One  person  in  every 
five  was  dead  by  the  end  of  the  year."     John  Morley,  House  of 


THE  DYNAMITE  WAR.  25 

Commons,  June  3,  1853:  "All  men  agree  that  Ireland  has  been 
misgoverned.  And  who  misgoverned  her  ?  The  State."  (12)  Crimes 
and  Outrage  act  passed. 

1848 — Great  famine  fever.  Insurrection.  (13)  Treason 
Amendment  act.  (14)  Suspension  of  Habeas  Corpus.  (15)  An- 
other Oaths  act.  John  Mitchell  was  condemned,  under  the  first- 
mentioned  act,  to  fourteen  years*  transportation. 

1849 — Great  famine  fever  continued.  Census  Commission- 
ers declared  that  above  one  million  and  a  half  suffered  from  the 
fever  since  the  beginning  of  '46,  and  added:  "but  no  pen  has 
recorded  the  number  of  the  forlorn  and  starving  who  perished  by 
the  wayside  or  in  the  ditches."  90,440  persons  evicted.  In  the 
Kilrush  union  alone  15,000  people  were  unhoused.  Sir  Robert 
Peel,  speaking  on  June  8,  in  regard  to  the  Kilrush  evictions,  said: 
"I  do  not  think  the  records  of  any  country,  civilized  or  bar- 
barous, present  materials  for  such  a  picture."  On  July  29  occurred 
the  emeute  ot  Ballingarry;  James  Stephens  was  wounded.  (16) 
Suspension  of  Habeas  Corpus.  This  act  was  passed  through 
both  houses  in  one  evening,  and  William  Smith  O'Brien  and  others 
condemned  to  death. 

1850 — 104,163  persons  were  evicted.  (17)  Crimes  and  Out- 
rage act  passed. 

1851 — 282,545  human  dwellings  destroyed  by  evicting  bri- 
gade for  ten  past  years,  and  68,023  persons  evicted  this  year. 
(13)  Unlawful  Oaths  act. 

1852 — Sergeant  Heron,  Q.  C:  "  Ireland  this  year  received  a 
larger  sum  in  charity  from  America  than  was  realized  by  the 
profits  of  the  trade  of  exporting  horned  cattle."  London  Times: 
"  The  name  of  an  Irish  landlord  stinks  in  the  nostrils  of  Christen- 
dom."    43,494  persons  evicted. 

1853 — 24,589  persons  were  evicted.  (19)  Crimes  and  Out- 
rage act. 

1854 — John  Bright,  July  6:  "  There  are  districts  in  Ireland 
which  no  man  can  travel  through  without  feeling  that  some  enor- 
mous crime  has  been  committed  by  the  government  under  which 
the  people  live."  19,749  persons  were  evicted  this  year.  (20) 
Crimes  and  Outrage  act. 

1856 — 5,1 14  persons  evicted.     (21)  Peace  Preservation  act 

}d. 

1857 — 5,475  persons  evicted. 


26  THE  DYNAMITE  WAR. 

1B58 — 4,643  persons  evicted.  (22)  Peace  Preservation  act 
passed.  For  the  previous  six  years  Ireland  had  been  without 
political  organization.  O'Donovan  Rossa  and  James  Stephens, 
out  of  despair,  started  Fenianism.  "  New  Ireland,"  page  196, 
sa3^s:  "  The  last  endeavor  of  the  Irish  masses  to  accomplish  ame- 
lioration within  the  lines  of  the  constitution  had  been  baffled  and 
crushed." 

1859 — 3,872  persons  evicted. 

1860 — The  chief  secretary  announced,  on  April  17,  that  "a 
large  amount  of  destitution  does  in  fact  exist  in  the  western  dis- 
tricts." 2,985  persons  were  evicted  during  this  year.  Among 
the  evictors  was  Lord  Plunket,  Protestant  Lord  Bishop  of  Tuam. 
"A  hideous  scandal,"  said  the  Times  of  Nov.  27.  Lord  John 
Russell  sympathetically  described  how  an  entire  Irish  village 
which  housed  270  persons  had  been  razed  to  the  ground.  (23) 
Peace  Preservation  act. 

1861 — 5,288  persons  evicted.  Terrible  clearances  in  Glen- 
beigh,  Donegal. 

1862 — 5,617  persons  evicted.  (24)  Peace  Preservation  act, 
and  (25)  Unlawful  Oaths  act. 

1863—8,695  persons  evicted. 

1864 — 9,261  persons  evicted. 

1865 — 4,512  persons  evicted.  (26)  Peace  Preservation  act 
passed.  Lord  R.  Cecil,  House  of  Commons,  Feb.  24:  *'I  am 
afraid  the  one  thing  which  is  peculiar  to  Ireland  is  the  govern- 
ment of  England."  A.  M.  Sullivan's  "  New  Ireland,"  page  261: 
"A  time  of  trouble  and  of  terrors.  Midnight  arrests  and  seizures, 
hurried  flights  and  perilous  escapes,  wild  rumors  and  panic  alarms 
scared  every  considerable  city  and  town."  O'Donovan  Rossa  sen- 
tenced to  penal  servitude  for  life. 

1866 — 3,571  persons  evicted.  (27)  Suspension  of  Habeas 
Corpus  act. 

1867 — 1,489  persons  evicted.  John  Bright,  at  Rochdale, 
Dee.  23:  "The  grievances  have  not  been  remedied.  The  de- 
mands of  the  people  have  not  been  conceded.  Nothing  has  been 
done  in  Ireland  except  under  the  influence  of  terror."  Attempted 
insurrection. 

1868 — 3,002  persons  evicted.  John  Bright,  House  of  Com- 
mons, December:  "I  have  not  observed,  since  I  have  been  in 
Parliament,  anything  on  this  Irish  question  which  approaches  the 
dignity  of  statesmanship."     Gold  win  Smith:   "Irish  legislation 


THE  DYNAMITE  WAR.  27 

within  the  last  forty  years,  notwithstanding  the  adoption  of  some 
remedial  measures,  has  failed  through  the  indifference  of  Parlia- 
ment to  the  sentiments  of  Ireland."  (29)  Suspension  of  the  Ha- 
beas Corpus  act. 

1869 — 1,741  persons  evicted.  Between  1829  and  this  year 
twenty-seven  bills  and  resolutions  were  offered  by  the  Irish  mem- 
bers on  the  land  question,  and  every  one  was  rejected.  John 
Bright,  House  of  Commons,  April  30:  "I  say  that  the  condition 
of  things  in  Ireland  which  has  existed  in  Ireland  for  the  last  200 
years,  for  the  last  100  years,  for  the  last  50  years,  would  have 
been  utterly  impossible  if  Ireland  had  been  removed  from  the 
shelter  and  the  influence  and  the  power  of  Great  Britain.  The 
time  has  come  when  acts  of  constant  repression  in  Ireland  are  un- 
just and  evil,  and  when  no  more  acts  of  repression  should  ever 
pass  this  house  unless  accompanied  with  acts  of  a  remedial  and 
consoling  nature." 

1870 — 2,616  persons  evicted.  Gladstone,  House  of  Com- 
mons, March  11:  "  The  oppression  of  a  majority  is  detestable  and 
odious.  The  oppression  of  a  minority  is  only  by  one  degree  less 
detestable  and  odious."     (30)  Peace  Preservation  act. 

1872 — 2,476  persons  evicted. 

1873 — 3,078  persons  evicted.     (33)  Peace  Preservation  act. 

1874 — 3,721  persons  evicted. 

1875 — 3,323  persons  evicted.  Prof.  Cairns'  Political  Essays, 
p.  197:  "I  own  I  cannot  wonder  that  a  thirst  for  revenge  should 
spring  from  such  calamities."     (34)  Peace  Preservation  act. 

1876 — 2,550  persons  evicted. 

1877 — 2,177  persons  evicted. 

1878 — 4,679  persons  evicted. 

1879 — Famine.  The  rates  for  the  support  of  the  destitute 
reached  $5,000,000.     6,239  persons  evicted. 

1880 — The  paupers  in  the  workhouses  in  February  numbered 
59,870,  as  against  51,302,  the  highest  number  during  the  famine 
of  1846.  The  number,  additional,  receiving  outdoor  relief  was 
117,454.  The  number  relieved  by  the  Dublin  Mansion  House 
Committee  for  week  ending  Feb.  28  was  519,625.  10,457  per- 
sons evicted. 

1881 — 17,341  persons  evicted.  (35)  Peace  Preservation  act. 
(36)  Suspension  of  Habeas  Corpus.     (27)  Arms  act. 

1882 — 26,836  persons  evicted.  Mr.  Trevelyan,  in  House  of 
Commons:   "At  this  moment,  in  one  part  of  the  country,  men  are 


28  THE  DYNAMITE  WAR. 

being  turned  out  of  their  houses,  actually  by  battalions,  who  are 
no  more  able  to  pay  the  arrears  of  these  bad  years  than  they  are 
able  to  pay  the  national  debt."     (38)  Crimes  act. 

1883 — 17,855  persons  evicted. 

1884—20,025  persons  evicted. 

1885 — 15,423  persons  evicted,  1,000  persons  imprisoned 
without  trial.  Mr.  Chamberlain, at  West  Islington,  June  17:  "It 
is  a  system  which  is  founded  on  the  bayonets  of  30,000  soldiers, 
encamped  permanently  in  a  hostile  country." 

1886~Mulhairs  "  Fifty  Years  of  National  Progress  ":  "  Ire- 
land— The  present  reign  has  been  the  most  disastrous  since  that 
of  Elizabeth,  as  the  following  statistics  show :  Died  of  famine, 
1,225,000;  number  of  emigrants,  4,186,000;  number  of  persons 
evicted,   3,668,000.  *  *  *  *  * 

*  *  *  The  number  of  persons  evicted  is  equal  to  75 
per  cent  of  the  actual  population.  No  country  in  Europe  or  else- 
where has  suffered  such  wholesale  extermination."  Lord  Aber- 
deen, at  Leith,  in  October:  "These  evictions  were  always  carried 
out  in  the  Queen's  name."  Mr.  Gladstone,  House  of  Commons, 
April  16:  "We  are  particeps  criminis;  we,  with  power  in  our 
hands,  looked  on." 

1887 — Coercion  bill  (39)  which  is  to  last  forever. 

1888 — Imprisonment  of  Irish  leaders. 

This  is  the  record  of  the  past  half  century  of  British  rule  in 
Ireland,  facts  given  officially  and  commented  on  by  the  leading 
statesmen  and  writers  of  England.  They  are  commended  to  the 
attention  of  Pope  Leo  XIII  as  a  full  explanation  of  the  reasons 
which  have  induced  what  is  left  of  the  Irish  nation  to  defend 
themselves  by  plans  of  campaign,  boycotting  or  any  other  weapon 
which  can  be  readily  seized  and  used  by  a  people  when  set  upon 
by  the  band  of  rapacious  robbers  which  the  Times  and  other 
authorities  describe  at  length.  H.  P.  M. 

In  view  of  such  an  indictment  as  this,  Irishmen  would  be 
unworthy  the  sympathy  and  respect  of  mankind  if  they  did  not 
make  some  effort  to  release  themselves. from  the  cruel  alien  rule 
which  has  done  this  to  them.     What  weapon  shall  they  choose.? 

But  England  is  strong  and  Ireland  weak.  There  is  an  em- 
pire of  200,000,000  on  one  side  and  an  unarmed,  unequipped 


THE  DYNAMITE  WAR.  29 

people  of  4;,000,000  on  the  other.  What  effort  and  organization 
can  be  made  must  be  secret,  and  secret  it  has  been. 

For  a  hundred  years  past  there  has  always  been  some  hidden 
focus  about  which  brave  men  could  rally,  and  as  one  organiza- 
tion fell,  smashed  either  by  outer  force  or  inner  treachery,  an- 
other has  stepped  into  its  place,  and  the  unequal  fight  has  still 
been  waged. 

Any  conspiracy  large  enough  to  free  a  nation,  large  enough 
even  to  have  a  reasonable  hope  of  doing  something,  must  include 
a  great  many  men.  There  can  be  no  efficient  guard  against  the 
enrollment  of  spies  and  detectives  —  no  barrier  against  treachery 
which  can  be  practicably  applied.  So,  as  soon  as  this  Fenian 
Society  and  the  Clan-na-Gael  became  dangerous,  they  were  honey- 
combed with  spies,  and  money  was  poured  out  like  water  to 
procure  the  betrayal  of  their  plans. 


Chapteb  II. 

The  Open  Movement — Home  Rule  and  Its  Leaders — Isaac  Butt — 
Charles  Stewart  Parnell — Divided  England — Davitt's  Posi- 
tion— Dillon,  O'Brien,  and  the  Plan  of  Campaign — A  Hero 
of  the  Jail — Experiences  on  the  Plank  Bed — How  the  Police 
Treat  Free  Men — The  "Garrison"  in  Extremities — Retribu- 
tion and  the  "Removables" — The  Landlord's  Last  Chance — 
Gladstone  and  His  Work — Parnell's  Prophecy. 

[^  ANY  men  are  proverbially  of  many  minds,  and  hence,  while 
some  favored  physical  force  as  the  one  weapon  against 
England,  others,  more  conservative,  have  always  hoped 
rather  than  believed  that  something  might  be  done  for 
Ireland  along  peaceful  and  constitutional  lines. 

We  have  already  spoken  of  O'Connell  and  the  Repeal  agita- 
tion, and  of  Keogli  and  the  great  betrayal..  When  the  unripe  and 
futile  Fenian  Revolt  of  1866  was  provoked  prematurely  and 
crushed,  the  minds  of  the  Irish  turned  once  more  in  a  new  di- 
rection. 

A  close  examination  of  the  whole  situation  has  convinced 
every  thinking  Celt  that  at  the  root  of  most  of  the  injustice  to 
modern  Ireland  stands  the  legislative  union  with  Great  Britain; 
that  repealed,  there  would  be  at  any  rate  an  easement  of  the  fric- 
tion. Nor  is  this  a  blind  and  vain  hope.  A  sewer  cannot  be 
built  in  Dublin  until  London  has  said  yes ;  and  on  one  occasion, 
since  made  historic,  it  was  proven  that  it  cost  the  corporation  of 
Dublin  £9,000  for  parliamentary  permission  to  tax  itself,  build 
itself  and  pay  itself  for  a  most  necessary  conduit. 

This  is  a  mere  trifle.  Had  there  been  an  Irish  congress  in 
the  famine  years,  it  is  agreed  now  that  there  would  have  been  no 
famine;  for  Irish  statesmen  were  a  unit  at  that  time  in  urging 
upon  government  a  measure  which  would  have  ended  the  scarcity. 
It  was  simply  closing  the  ports  against  the  export  of  food  products. 

(30) 


THE  DYNAMITE  WAR.  31 

It  may  surprise  the  reader  to  learn  that  during  the  famine  years 
Ireland  exported  cereals  as  follows:  In  1845,  3,251,901  quarters; 
in  1846,  1,826,132  quarters;  in  1847,  969,490  quarters;  in  1848, 
1,952,592  quarters;  in  1849,  1,435,963  quarters.  The  reader  will 
remember  that  one  quarter  of  wheat  is  equal  to  392  pounds  of 
flour,  or  470  pounds  of  bread — an  ample  yearly  ration  for  a  man. 
As  far  as  cattle  are  concerned,  there  were  exported  during  the 
worst  years  of  the  famine  nearly  half  a  million  pounds  more  in 
money  value  than  was  required  to  feed  3,000,000  hunger-stricken 
people.  But  the  food  export  was  not  checked,  nor  was  any  wise 
legislation  begun  until  too  late  to  save  millions,  while  the  emer- 
gency men  and  the  battering-ram  were  permitted  to  add  their 
horrors  to  the  already  deplorable  condition  of  the  peasantry. 

It  would  require  a  volume  rather  than  a  chapter,  to  show  in 
how  many  startling  ways  English  legislation — even  when  that 
legislation  has  had  a  friendly  purpose — has  failed  in  Ireland.  To 
every  American  the  case  is  one  which  does  not  need  making  out. 
It  is  a  political  axiom,  that  a  people  should  govern  themselves, 
which  does  not  need  proof. 

But  how  to  come  to  it  ? 

Isaac  Butt  began  life  as  an  Orange  Tory,  and  ended  as  the 
father  of  the  Home  Rule  movement.  One  of  the  most  gifted 
students  of  Trinity,  he  was  chosen  to  answer  0*Connell  when 
the  latter  made  his  great  repeal  speech  before  the  corporation 
of  Dublin,  and  Butt's  address  is  even  yet  considered  the  best 
presentation  of  the  argument  for  the  union. 

It  took  years  to  alter  his  convictions,  but  they  were  altered, 
and  for  twenty  years  Ireland's  hopes  were  centered  on  him.  Butt 
saw  the  weakness  of  the  English  position,  which  is,  of  course,  in 
the  land  question. 

The  disestablishment  of  the  Irish  Church  brought  together 
elements  in  Ireland  which  before  then  there  was  a  difficulty  in 
allying,  and  the  Home  Rule  party  was  composed  of  Protestants 


32  THE  DYNAMITE  WAR. 

and  Catholics.     Isaac  Butt  was  called  to  the  leadership,  and  the 
fight  against  the  very  citadel  of  oppression  was  begun. 

Honest,  fearless,  eloquent,  and  deeply  versed  in  economic 
science,  a  patriot  in  the  very  best  sense  of  the  term,  and  a  provi- 
dential man  in  his  day.  Butt  was  not  destined  to  lead  the  party  to 
success,  for  his  limitations  were  too  serious.  Nothing  is  gained 
from  England  by  rosewater,  and  it  was  rosewater  that  Butt  had  to 
use  under  the  circumstances  of  the  case.  He  was  without  money, 
and  he  was  not  backed  up  by  a  strong  and  vigilant  organization. 
He  had  to  take  his  members  of  Parliament  as  he  could  get  them, 
and  many  were  men  who  went  into  the  movement  with  an  eye 
single  to  the  price  the  Government  would  probably  pay  them 
upon  selling  out 

It  was  really  upon  the  night  of  April  22,  1875,  that  the  new 
movement  took  its  present  victorious  form,  or  rather,  that  it  found 
in  its  hand  the  potent  weapon  of  obstruction.  Upon  that  night 
Butt  had  desired  to  delay  one  of  the  innumerable  coercion  acts, 
and  he  asked  Joseph  Biggar  to  take  the  floor  and  speak  for  a 
"pretty  good  while."  Biggar  spoke  for  four  hours.  Says  T.  P. 
O'Connor : 

"Neither  Mr.  Butt,  nor  the  House  of  Commons,  nor  Mr.  Big- 
gar himself,  could  possibly  have  foreseen  the  momentous  place 
which  this  night's  work  was  destined  to  hold  in  all  the  subsequent 
history  of  the  relations  between  England  and  Ireland.  It  was  on 
this  night  that  the  policy  was  born  which  has  since  become 
known  to  all  the  world — the  policy  known  as  'obstruction'  by  its 
enemies,  and  as  the  'active  policy'  by  its  friends.  It  will  be  appro- 
priate here  to  give  a  sketch  of  the  man  to  whom  this  portentous 
political  offspring  owes  its  being 

"There  are  few  men  of  whom  the  estimate  of  friends  and 
enemies  is  so  diverse.  The  feeling  of  his  friends  and  intimates  is 
affectionate  almost  to  fanaticism.  When  there  are  private  and 
convivial  meetings  of  the  Irish  party,  the  effort  is  alwaj^s  made  to 
limit  the  toasts  to  the  irreducible  mininum,  for  talking  has  natur- 


THE  DYNAMITE  WAR.  33 

ally  ceased  to  be  much  of  an  amusement  to  men  who  have  to  do 
so  much  of  it  in  the  performance  of  public  duties.  There  is  one 
toast,  however,  which  is  never  set  down,  and  is  always  proposed: 
this  toast  is  *The  Health  of  Mr.  Biggar.*  Then  there  occurs  a 
scene  which  is  pleasant  to  look  upon.  There  arises  from  all  the 
party  one  long,  spontaneous,  universal  cheer,  a  cheer  straight  from 
every  man's  heart ;  the  usually  frigid  speech  of  Mr.  Parnell  grows 
warm  and  even  tender;  everything  shows  that,  whoever  stands 
highest  in  the  respect,  Mr.  Biggar  holds  first  place  in  the  affec- 
tions of  his  comrades.  There  is  another  and  not  uninteresting 
phenomenon  of  these  occasions.  To  the  outside  world  there  is 
no  man  presents  a  sterner,  a  more  prosaic  and  harder  front  than 
Mr.  Biggar.  On  such  occasions  the  other  side  of  his  character 
stands  revealed.  His  breast  heaves,  his  face  flushes,  he  dashes 
his  hand  with  nervous  haste  to  his  eyes ;  but  the  tears  have  already 
en  and  are  rushing  do,wn  his  face." 

Following  this  came  shortly  to  the  front  another  man,  who 
soon  made  his  name  a  watchword  for  Ireland.  This  was  Charles 
Stewart  Parnell.  Less  than  a  year  ago,  in  Dublin,  I  was  told  a  cu- 
rious story  of  Parnell's  entrance  into  public  life.  The  county  of 
Dublin  was  to  be  contested;  it  would  be  an  expensive  fight,  and  a 
hopeless  one,  but  Mr.  Butt  was  anxious  that  it  should  be  made. 
In  a  conference  between  three  or  four  of  the  leaders  of  the  party, 
in  a  little  room  on  Sackville  Street,  name  after  name  was  consid- 
ered, but  no  conclusion  could  be  reached. 

"Why  not  try  Parnell  ?"  said  one. 

"Who  is  he .?"  asked  several  of  the  gentlemen. 

"A  Wicklow  squire,  a  thorough  believer  in  Home  Rule,  and 
a  man  that  would  make  a  sacrifice  if  he  saw  it  was  needed." 

Parnell  was  seen,  and  he  came  to  Dublin  the  next  day,  and  had 
a  long  conference  with  Butt.  The  man  who  had  proposed  him 
asked  Butt  a  few  minutes  afterward  what  he  thought  about  him. 

"Don't  ask  me,"  Butt  replied,  "I  believe  this  fellow  has  be- 


34  THE  DYNAMITE  WAR. 

witched  me.  I  don't  know  what  to  think  of  him,  but  he  is  going 
to  stand  for  Dublin." 

In  his  first  speech  at  the  rotunda  Parnell  broke  down  com- 
pletely from  stage  fright,  and  shortly  afterward  he  was  beaten  for 
the  membership,  as  he  knew  he  would  be,  by  Col.  Taylor,  who 
had  an  overwhelming  majority.  Within  a  year,  the  representa- 
tion of  Meath  becoming  vacant  through  the  death  of  John  Mar- 
tin, Parnell  was  returned  for  that  county,  and  he  at  once  ranged 
himself  with  Biggar  to  fight  out  the  "active  policy." 

A  storm  of  abuse  from  friend  and  foe  fell  upon  their  de- 
voted heads.  Obstruction  was  denounced  as  ungentlemanly  and 
unfair.  Butt's  chief  followers  would  have  nothing  to  do  with 
the  two  parliamentary  pariahs  who  had  no  respect  for  the 
public  opinion  of  the  House.  Mr.  Biggar  was  especially  lectured. 
He  was  told  he  was  no  gentleman,  even  by  his  own  associates. 
George  Bryan  told  Parliament  apropos  of  Biggar's  outrageous 
clearing  %i  the  gallery,  when  the  Prince  of  Wales  was  present, 
that  a  man  should  be  "a  gentleman  first,  and  a  patriot  afterwards." 

Biggar  is  in  the  pork  trade,  and  this  fact  added  to  the  un- 
popularity with  which  the  sycophantic  press  regarded  him.  Said 
the  London  Worlds  Edmund  Yates'  paper,  about  this  time: 

"Heaven  knows  that  I  do  not  scorn  a  man  because  his  path  in 
life  has  led  him  among  provisions.  But  though  I  may  unaffectedly 
honor  a  provision  dealer  who  is  a  Member  of  Parliament,  it  is 
with  quite  another  feeling  that  I  behold  a  Member  of  Parliament 
who  is  a  provision  dealer.  Mr.  Biggar  brings  the  manner  of  his 
store  into  this  illustrious  assembly,  and  his  manner,  even  for  a 
Belfast  store,  is  very  bad.  When  he  rises  to  address  the  house, 
which  he  did  at  least  ten  times  to-night,  a  whiff  of  salt  pork  seems 
to  float  upon  the  gale,  and  the  air  is  heavy  with  the  odor  of  the  kip- 
pered herring.  One  unacquainted  with  the  actual  condition  of 
affairs  might  be  forgiven  if  he  thought  there  had  been  a  large 
failure  in  the  bacon  trade,  and  that  the  House  of  Commons  was  a 
meeting  of  creditors  and  the  right  hon.  gentlemen  sitting  on  the 
Treasury  Bench  were  members  of  the  defaulting  firm,  who,  hav- 
ing confessed  their  inability   to  pay  ninepence  in  the  pound, 


THE  DYNAMITE  WAR.  35 

were  suitable  and  safe  subjects  for  the  abuse  of  an  ungenerous 
creditor." 

Discussing  this  period,  in  which  he  himself  played  a  brilliant 
role,  T.  P.  O'Connor  declares  that  the  new  policy  was  developed 
rather  than  formulated.  It  began  simply  in  the  practice  of  block- 
ing a  number  of  bills  in  order  to  bring  them  under  the  half-past 
twelve  rule,  which  forbids  opposed  measures  to  be  taken  after  that 
hour.  It  also  became  the  custom  of  either  the  member  for  Cavan 
or  the  member  for  Meath  to  propose  motions  of  adjournment  in 
various  forms  when  half-past  twelve  was  reached,  on  the  ground 
that  proper  discussion  could  not  take  place  at  so  late  an  hour. 
Then,  interstices  of  time  which  the  Government  would  gladly  em- 
ploy for  advancing  some  stage  of  their  measures,  were  filled  in  by 
the  Irish  members.  Thus,  for  instance,  a  bill  standing  for  second 
reading  would  be  approaching  that  stage  at  twenty  minutes  past 
at  an  ordinary  sitting,  or  half-past  five  on  a  Wednesday.  To  tlie 
horror  and  disgust  of  everybody  else,  Mr.  Biggar  or  Mr.  Parnell 
would  rise  and  occupy  the  time  between  that  hour  and  half-past 
twelve  or  a  quarter  to  six,  when  contentious  business  could  be 
no  longer  discussed,  and  further  consideration  of  the  measure  had 
to  be  postponed  to  another  day.  In  this  manner  the  two  mem- 
bers gradually  felt  their  way,  became  more  practiced  in  speaking, 
and  obtained  an  intimate  acquaintance  with  the  rules  of  the 
House.  Throughout  all  this  time,  of  course,  they  were  harassed 
by  interruptions,  shouts  of  "Divide,"  groans,  and  calls  to  order; 
and  for  a  time,  at  least,  Mr.  Parnell  used  occasionally  to  lay  him- 
self open  to  effective  interruption  by  his  yet  immature  acquaint- 
ance with  the  laws  of  the  assembly.  "How,"  said  a  young  fol- 
lower of  his  to  the  Irish  leader,  "are  you  to  learn  the  rules  of  the 
House?"  "By  breaking  them,"  was  Mr.  Parnell's  reply;  and  this 
was  the  method  by  which  he  himself  gained  his  information. 

Isaac  Butt,  every  one  of  whose  instincts  and  prejudices  was 
opposed  to  this  sort  of  a  fight,  would  have  nothing  to  do  with 
Biggar  and  Parnell,  and  he  declared  that  if  they  had  the  support 


36  THE  DYNAMITE  WAR. 

of  the  Irish  people  he  would  retire  from  politics  as  from  a  "vul- 
gar brawl."  The  other  members  of  the  Home  Rule  party  with 
some  few  honorable  exceptions  held  aloof,  and  the  two  champions 
were  left  to  hold  the  gap  almost  alone. 

But  if  the  politicians  were  not  with  them  the  people  were. 
The  struggle  had  fired  the  Irish  heart,  and  the  nation,  which  had 
utterly  lost  confidence  and  hope  in  any  sort  of  good  that  could 
come  out  of  parliamentary  work,  on  account  of  the  long  series  of 
betrayals  they  had  met  in  the  House  of  Commons,  began  to  look 
hopefully  to  the  two  leaders  who  had  braved  the  very  worst  that 
the  enemy  could  do,  and  who  had  proved  that  there  was  at  least 
something  possible  in  Parliament. 

The  change  of  front  began  in  England,  among  the  Irish  set- 
tled there,  who  have  always  been  the  most  energetic  and  uncom- 
promising of  the  sea-divided  Clan-na-Gael.  There,  at  the  close  of 
1877,  the  Home  Rule  confederation  deposed  Butt  from  the  presi- 
dency of  the  organization  and  elected  Parnell  in  his  place. 

Butt  died  May  5,  1879,  and  a  compromise  candidate,  Mr. 
Shaw,  was  chosen  chairman  of  the  Home  Rule  party  in  Parlia- 
ment. Parnell  and  Biggar,  with  a  growing  band  of  followers, 
pushed  forward  their  parliamentary  campaign,  and  were  at  last 
able  to  show  the  Irish  people  results  for  their  work. 

In  the  meantime  another  and  extra-parliamentary  movement 
had  now  come  to  the  front,  destined  to  have  the  most  impor- 
tant results  upon  the  Irish  question.     This  was  the  Land  League. 

Michael  Davitt  was  born  in  1846,  in  Mayo.  His  family  were 
evicted  and  went  to  England  to  live.  There  Davitt  grew  up. 
Losing  his  right  arm  in  a  mill,  and  being  unfitted  for  manual 
labor,  a  struggle  was  made  by  his  family  to  give  him  an  educa- 
tion which  would  replace  his  loss.  Never  were  sacrifices  by  loved 
ones  more  amply  repaid.  Davitt's  national  history  is  soon  told. 
He  cast  himself  into  Fenianism  with  all  the  devotion  of  a  young 
and  ardent  nature.     On  May  16,  1870,  he  was  arrested  in  Lon- 


THE  DYNAMITE  WAR.  37 

don,  and  on  the  information  of  the  infamous  Corydon,  the  in- 
former, he  was  sentenced  to  fifteen  years'  penal  servitude. 

In  confinement  he  had  time  to  reflect  deeply  over  the  whole 
Irish  problem,  and  when  he  was  released  on  a  ticket  of  leave,  in 
December,  1877,  he  was  able  to  show  the  world  what  his  solution 
was. 

He  came  to  America  and  here  met  John  Devoy  and  other 
exiles.  The  whole  situation  was  patiently  and  carefully  exam- 
ined, and  what  has  come  to  be  called  the  "New  Departure"  was 
resolved  upon. 

The  result  was  that  Davitt  returned  to  Ireland  and  estab- 
lished The  Land  League,  whose  cardinal  purpose,  shorn  of  all 
accidental  circumstance,  was  the  substitution  of  a  peasant  pro- 
prietorship for  the  present  system  of  holding  land  in  Ireland. 

On  the  8th  day  of  June,  1879,  Mr.  Parnell  definitely  put 
himself  at  the  head  of  the  League,  which  was  not  then  an  organi- 
zation, but  a  possibility.  On  October  21st  following,  the  first 
meeting  was  held  at  the  Imperial  Hotel  in  Dublin.  A  definite 
programme  was  announced,  Parnell  was  chosen  president,  and 
Davitt,  who  was  the  real  heart  and  soul  of  the  organization,  but 
who  was  barred  from  the  leadership  by  his  own  feeling  that  it 
would  be  better  otherwise,  was  appointed  one  of  the  honorary 
secretaries.  J.  G.  Biggar,  W.  H.  O'Sullivan  and  Patrick  Egan 
were  appointed  treasurers,  and  Mr.  Parnell  was  asked  to  go  to 
America  with  John  Dillon  to  ask  for  help  from  this  side.  £72,000 
was  at  once  subscribed. 

The  history  of  what  followed  is  so  recent  that  every  reader 
of  this  book  must  remember  it.  Parnell  became  the  leader  of  the 
whole  Irish  people,  with  such  trusted  and  trustworthy  lieutenants 
as  John  Dillon,  William  O'Brien,  Tim  Healy,  E.  Harrington,  and 
all  the  rest  of  that  gallant  band  of  Home  Rulers  who  have  finally 
rent  English  parties  in  twain  and  planted  themselves  firmly  in  the 
center. 

The  vulnerable  point  of  the  English  dominion  in  Ireland  has 


38  THE  DYNAMITE  WAR. 

always  been  the  land  question ;  and  against  the  land  has  the  attack 
been  directed.  The  result  has  been  to  reduce  the  "garrison," 
as  it  is  called,  to  extremities,  and  compromises  which  would  have 
been  greedily  accepted  by  the  people  ten  years  ago  are  now  con- 
temptuously refused. 

The  plan  of  campaign  and  the  boycott  have  done  their  work 
and  undone  all  that  Cromwell  and  William  of  Orange  effected. 
Retribution  awaits  upon  the  "  Removable  Magistrates,"  who  are 
the  last  anchors  to  windward  the  English  landholders  can  rely 
upon.  Already  Gladstone  has  definitely  committed  the  Liberal 
party  to  Home  Rule,  and  Mr.  Parnell  has  definitely  declared  that 
three  general  elections  will  not  go  by  before  justice  will  finally  be 
done  to  Ireland,  and  by  an  Irish  Parliament. 


Chapter  III. 

Revolution  Under  Difficulties — Fenianism  and  the  Pope — The 
Crusade  against  Secret  Societies — Hidden  Conspiracies  in 
Former  Times — The  Old  Man  of  the  Mountain — The  Assas- 
sins or  Hasheeshans — Knights  Templars  and  their  Fate — 
The  Chouan — The  Red  Internationale — Nihilism,  Socialism 
and  Anarchy — Penalties  for  Treason  in  Ireland  and  Italy — 
Curious  Secret  Oaths — The  Hell-fire  Club,  and  the  Monks  of 
the  Screw — Blood-curdling  Rituals. 

)HOSE  who  have  believed  that  in  the  strong  arm  lay  the 
only  hope  for  Ireland  have  found  themselves  antagonized 
by  foes  without  and  within.  When  a  weak  nation  prepares 
to  deliver  an  attack  upon  a  strong  one,  when  a  small  force  has 
made  up  its  mind  to  oppose  a  large  one,  there  must  necessarily  be 
some  period  of  secret  preparation,  if  there  is  to  be  any  hope  for 
the  result. 

For  this  reason  the  Irish  revolutionists  have  been  forced 
into  secret  societies ;  and  yet  secret  societies  are  under  the  ban 
of  tlie  Catholic  Church.  Their  temporal  salvation  is  menaced  by 
England ;  their  eternal  salvation  is  threatened  by  Rome. 

Among  the  Irish,  too,  the  reader  need  not  be  told  that  the 
Catholic  Church  is  a  vital  power,  whose  canons  are  taken  by  the 
people  as  the  one  unfailing  guide  of  life  and  morals.  Its  attitude 
on  any  question  secular  or  spiritual  is  of  the  chiefest  importance, 
and  hence  the  fact  that  it  has-se^  its  face  against  the  only  possible 
manner  in  which  g^^nspiracy  fdr  Ireland  can  be  begun,  has  been 
one  of  the  great  factorstrrfrtsli  failures. 

From  the  days  of  Pope  Adrian,  of  pious  memory.  Papal 
interference  in  Ireland  has  always  been,  either  wittingly  or  un- 
wittingly, on  the  English  side  of  the  controversy.  "Whether  we 
examine  the  coursaof  Rinucini  in  the  1640*s  or  Persico  in  the 
1880's,  the  conseqiupnces  are  always  the  same,  and  the  causes 
\  (39) 


WSV  V^'  Y%y^ 


40  THE  DYNAMITE  WAR. 

alike.  Giving  the  legates  in  every  case  credit  for  all  the  virtues 
which  can  dignify  a  churchman,  their  interference  has  been 
unfortunate,  and  the  results  disastrous.  This  is  of  course 
because  Rome  has  steadily  proceeded  upon  the  the.ory,  even  in 
our  own  times,  that  Ireland  is  a  fief  of  the  church,  and  the  Celts 
in  a  special  manner  the  subjects  of  the  Holy  Father.  I  do  not 
mean  that  this  theory  has  been  advanced  or  even  stated;  but  that 
it  has  been  acted  upon  who  can  deny  ?  Is  there  any  man  fair  and 
unprejudiced  who  can  examine  all  the  facts  and  say  that  after  all 
the  Temporal  Sovereignty  was  not  the  paramount  political  issue 
among  the  Irish  hierarchy  up  to  within  the  last  few  years  ?  Does 
any  one  even  yet  go  to  the  great  and  wealthy  Seminary  of  May- 
nooth  to  find  Irish  nationality  ?  Do  the  Jesuits  teach  it  ?  I  am 
not  discussing  the  right  or  wrong  of  the  case,  but  the  fact. 

And  the  fact  stands  out  that  since  O'Connell  made  the  initial 
blunder  of  getting  Catholic  emancipation,  before  the  Repeal  of 
the  Union  was  secured,  patriotism  and  religion  in  Ireland  have 
been  animated  with  different  and  even  contrary  purposes.  As  an 
Irish  political  force  Catholicity  was  eliminated  from  the  problem 
early  in  the  century,  but  the  people  are  only  slowly  learning  it. 

The  Fenian  Society  was  at  one  time  a  hopeful  and  promising 
organization.  In  spite  of  all  the  open  and  veiled  opposition  of 
its  enemies,  the  people  flocked  into  the  circles,  and  the  Irish  race 
all  over  the  world  was  organized  as  it  never  had  been  before. 
Had  the  society  waited ;  had  the  insane  raid  on  Canada  been  at 
least  deferred;  had  wise  and  firm  leadership  prevented  the 
premature  exploitation  of  the  revolt  in  Ireland,  there  was  a 
fighting  chance  to  win. 

It  was  so  serious  a  conspiracy  against  the  British  rule  that 
Pio  Nono  was  compelled  to  launch  at  it  the  thunders  of  the 
church.  Fenians  could  not  be  buried  in  consecrated  ground. 
Cardinal  McCabe  proved  that  to  the  whole  world  in  the  McManus 
funeral.  It  was  from  a  Catholic  divine  that  the  statement  came 
that  "hell  was  not  hot  enough  for  such  miscreants  "  as  the  Fenians, 


THE  DYNAMITE  WAR.  41 

The  record  of  that  time  goes  to  show  an  attitude  on  the  part  of 
the  church  which  readers  in  1889,  who  note  with  admiration  the 
work  of  such  prelates  as  Croke  and  Walsh,  and  such  priests  as 
Sheehy  and  McFadden  and  Stephens,  of  Falcarragh,  can  hardly 
understand.  Under  the  Papal  ban  many  withdrew  from  Fenian- 
ism.  •  It  had  been  disintegrating  from  other  causes,  but  this  was 
the  coup  de  grace. 

To  be  perfectly  fair,  it  must  be  admitted  that  there  was  a 
logical  justification  for  the  Pope's  course  in  the  history  of  the 
Papal  attitude  to  all  secret  societies.  It  began  in  the  Crusades, 
when  the  Old  Man  of  the  Mountain  sent  his  Assassins,  or  Hashee- 
shans,  as  they  were  properly  called,  and  from  whom  we  get  the 
modern  word,  on  their  secret  errands  of  murder.  This  was  the 
first  oath-bound  society  with  which  the  Catholic  Church  came  in 
contact,  and  it  certainly  was  not  of  a  character  to  command 
respect  or  admiration  for  the  system. 

The  chivalric  orders  were  partly  military,  partly  religious, 
and  partly  secret,  with  the  church  taken  into  confidence  as  to 
what  the  secrets  were.  The  Knights  Templars  were  especially 
organized  along  lines  which,  in  the  modern  world,  would  seem 
to  have  all  the  notes  of  Masonry,  and  it  was  this  order  which  was 
made  the  first  object  of  attack.  The  Templars  were  disbanded, 
and  their  rich  priories  and  preceptories  seized  after  one  of  the 
most  sensational  trials  in  the  long  and  exciting  record  of  the 
middle  ages. 

The  church  has  set  its  face  against  Masonry  ever  since  that 
order  began  to  be  a  power  in  Europe,  chiefly  because  it  was  be- 
lieved to  be  at  the  bottom  of  the  great  revolutionary  upheaval 
that  closed  the  eighteenth  century  and  shook  all  the  thrones  of 
the  Old  World  so  that  they  still  totter.  Whether  the  charge 
be  true  or  false,  none  can  doubt  the  uncompromising  hostility, 
nor  can  any  one  say  that  the  church  is  not,  from  its  point  of 
view,  justified  in  its  course. 

Italy  has  especially  been  the  land  of  secret  political  societies. 


42  THE  DYNAMITE  WAR. 

The  Carbonari  has  been  Italian  Fenianism,  working  along  very 
similar  lines  politically,  and  differing  only  because  the  former 
antagonized  the  Pope  as  a  temporal  sovereign,  and  finally  con- 
fused the  temporal  sovereignty  with  Catholicity,  and  delivered 
its  attack  indiscriminately  against  all  religion.  For  this,  prop- 
erly enough,  it  was  anathematized;  but  Fenianism  never  opposed 
religion,  nor  even  menaced  it.  It  was  almost  exclusively  Cath- 
olic in  its  membership,  and  was  no  more  dangerous  to  the  Holy 
Father,  or  the  interests  he  is  bound  to  protect,  as  the  vicar 
of  Christ,  than  the  French  Chouan,  the  secret  Royalist  conspir- 
acy, which  was  fostered  by  the  Catholic  Church,  although,  it 
too,  had  all  the  notes  of  Masonry. 

As  to  the  Red  Internationale,  Nihilism,  Socialism  and  An- 
archism in  all  their  forms  and  developments,  the  position  of  the 
church  is  unmistakable  and  sound.  It  claims  to  be  the  great 
conservative  force  of  the  modern  world ;  it  is  the  target  of  attack 
for  all  these  protean  forms  of  modern  social  discontent.  It  is  a 
fair  fight,  and  one  in  which  civilization,  as  we  understand  it, 
must  sympathize  with  Rome. 

In  Italy,  as  in  Ireland,  the  way  of  the  informer  was  hard. 
The  penalty  of  treason  was  death,  and  that  penalty  was  inflicted 
with  certainty.  Again,  putting  one's  self  in  the  position  of  a 
conspirator  who  was  staking  fortune  and  life  in  what  he  regarded 
as  a  sacred  cause,  where  the  fidelity  of  his  associates  was  an  essen- 
tial to  success,  common  sense  would  dictate  that  every  means  to 
insure  that  fidelity  would  be  taken. 

Men  who  are  playing  for  their  lives  are  not  to  be  judged  by 
the  ethics  of  a  sewing  society.  If  Italian  unity  was  worth  fighting 
for,  the  revolutionists  had  in  the  first  place  to  outlaw  themselves. 
They  had  to  put  themselves  out  of  the  enjoyment  of  every  right 
that  organized  society  could  give  them ,  and  to  keep  their  heads 
with  their  own  hands,  as  best  they  might. 

It  was  for  this  reason  that  the  Carbonari  of  Italy  swore  the 
"  apprentices  "  upon  the  point  of  a  naked  dagger,  and,  in  order  to 


THE  DYNAMITE  WAR.  43 

add  more  solemnity  to  the  rites  of  initiation,  reproduced  part  of 
the  great  Christian  tragedy  in  their  lodge  room,  the  initiate  being 
crowned  with  thorns  and  judged  by  Pontius  Pilate.  If  the  oath 
was  betrayed,  the  name  of  the  traitor  was  written  upon  a  piece  of 
paper  and  burned  in  the  lodge  room.  Thus  he  was  outlawed 
among  the  good  cousins  and  his  life  forfeit. 

The  Hetairia  of  Greece  were  sworn  in  with  a  Turkish  bow- 
string about  their  throats,  and  a  brother's  dagger  pricking  the 
skin  over  the  heart,  so  that  some  blood  came  out. 

Young  Italy  clothed  the  ceremonies  of  initiation  into  that 
conspiracy  with  many  striking  solemnities,  while  on  the  other 
hand  the  Nihilists  have  no  oath  at  all,  although  they  pursue  spies 
with  a  grim  determination  which  the  Southern  nations  have  never 
shown. 

The  whole  purpose  of  all  these  initiatory  oaths  is  of  course 
to  provide  for  the  secrecy  and  the  protection  of  the  lodge,  and  in 
some  instances  their  terms  have  been  horribly  menacing  and  as 
horribly  carried  out. 

In  Ireland  this  has  not  been  the  case.  Traitors  to  no  end 
there  have  been,  but  ostracism  and  execration,  rather  than  death, 
has  been  their  fate.  Carey  is  the  only  man  in  recent  times  who 
has  been  put  to  death  for  betraying  the  people ;  and  according  to 
one  story  he  was  shot  by  a  wandering  Irishman  who  had  no 
mission  of  death  to  carry  out — although,  of  course,  this  theory  is 
not  the  accepted  one,  nor  the  one  elsewhere  printed  in  these 
pages. 

From  the  serious  it  is  always  a  short  step  to  the  grotesque ; 
and  hence  we  come  from  the  solemn  and  meaning  ceremonies  of 
the  Italian  revolutionists  to  the  fantastic  oaths  and  shibboleths  of 
other  orders.  Two  of  the  most  curious  of  modern  secret  societies 
have  had  their  birth  in  Ireland.  One  of  them  was  one  of  the 
most  impious  associations  ever  devised  by  misdirected  human  in- 
genuity. This  was  the  famous,  or  rather  the  infamous,  Hell-fire 
Club,  of  Dublin,  to  which  no  man  could   belong  who  had   no 


44  THE  DYNAMITE  WAR. 

killed  his  man  in  a  duel.  The  initiation  was  made  interesting  by- 
all  supposed  steps  of  a  descent  into  hell  and  an  introduction  and 
oath  of  fealty  to  Satan,  and  included  such  episodes  as  drinking 
blood  out  of  a  skull,  and  swearing  the  oath  of  allegiance  upon  a 
freshly  exhumed  corpse. 

The  Monks  of  the  Screw  wer6  an  entirely  different  society, 
convivial  to  the  last  degree  and  jolly,  from  its  grand  prior  to 
its  last  entered  acolyte.  Its  purpose  was  the  assembling  of  the 
wits  of  Dublin  around  the  festal  board.  On  gala  occasions  the 
members  appeared  in  a  costume  copied  closely  after  that  of  one 
of  the  most  ascetic  orders  of  the  church,  the  Carmelites,  and  their 
ceremonies  were  based  upon  the  Carmelite  ritual,  which  was 
copied  in  all  its  details,  save  the  diet  and  the  drinking,  and  the 
carnal  and  worldly-minded  conversation  which  distinguished 
the  refectory  of  the  Monks  of  the  Screw. 


Chapter  IV, 

Secret  Societies  in  Ireland — Veiled  Revolution — The  Croppies' 
Holes — How  Fenianism  Began — McManus'  Funeral — A  Men- 
acing Demonstration — Enrolling  the  Soldiers — O'Donovan 
Rossa  and  the  Conspiracy — Sergt.  Brett's  Death — Allen,  Lar- 
kin  and  O'Brien  Hanged — The  Manchester  Martyrs — "God 
Save  Ireland" — Parnell  Takes  up  the  Work — Le  Caron  on 
the  Clan-na-Gael — The  Dynamite  War — Twenty-nine  Pris- 
oners in  English  Jails — Record  of  the  Explosions — Mackay 
Lomasney  and  His  Fate— Sketches  of  the  Convicts. 


\lpj^  EVOLT,  secret  or  open,  has  been  the  rule  in  Ireland — the 
There  has  been  a  long  line  of  secret  societies,  one  dying 


if 


normal   condition   of  its  politics — for  seven   centuries. 


% 


^  out  only  to  be  succeeded  by  another,  reaching  from  the 
Craobh  Rhuadh  to  the  Clan-na-Gael.  Ancient  history,  however, 
has  already  been  told,  and  it  will  be  enough  here  to  consider 
solely  the  origin,  strength  and  scope  of  the  present  revolutionary 
movement. 

Rent  in  Ireland  is  not  rent  in  America ;  it  is  essentially  a  tribute 
exacted  from  a  half-conquered  people.  It  is  as  much  a  war  levy 
as  the  milliards  that  Germany  forced  France  to  pay,  and  as  such 
do  both  the  Irish  tenants  and  the  alien  and  absentee  landlords  re- 
gard it. 

The  Celt  would  forfeit  his  title  to  the  respect  of  the  civilized 
world,  did  he  not  fight  with  all  his  heart  and  all  his  soul  and  all 
his  cunning  against  the  empire  which  has  despoiled  him  and  mur- 
dered his  kin,  now  with  arms,  now  with  artificial  famine.  There 
can  be  no  peace  between  the  two  peoples  until  either  Ireland  is  a 
desert,  or  is  free.  It  is  war  to  the  knife,  and  the  knife  to  the 
hilt.     There  can  be  neither  truce  nor  compromise. 

After  the  abortive  insurrection  in  1798,  it  was  generally  be- 
lieved that  the  Irish  nation  was  dead  and  buried  in  the  "Croppies' 
holes"  in  the  southern  cities,  as  the  great  graves  are  called  where 
the  hundreds  of  hung  rebels  were  tumbled  into  one   common 

(45) 


46  THE  DYNAMITE  WAR. 

sepulture  with  every  mark  of  obloquy  and  insult,  but  which  now 
are  the  holy  places  of  Ireland.     But  it  was  not  so. 

There  was  a  struggle  in  1848,  suppressed  in  the  usual  manner; 
and  finally,  in  the  '60s,  a  new  generation  came  upon  the  stage, 
ready  to  take  up  the  contest,  and  pass  it  on  as  a  sacred  legacy  to 
their  children.  Judge  Keogh,  whose  name  will  be  execrated  as 
long  as  there  are  Irishmen  to  remember  his  treachery  to  the 
people  of  his  blood,  and  the  little  group  of  lesser  Judases  were 
supreme  in  Dublin.  The  island  was  pacified.  Ireland  was  again 
dead  and  buried.  Several  of  the  '48  men,  notably  Mitchell  and 
Meagher,  had  escaped  to  this  country;  with  them  was  James 
Stephens,  the  founder  of  Fenianism. 

In  1858  Stephens  returned  to  Ireland,  and  met  there,  in  Skib- 
bereen,  Jeremiah  O'Donovan  Rossa.  The  result  of  their  conference 
was  the  foundation  of  the  Fenian  Society,  so  named  after  the  Fionna, 
the  Irish  military  order,  whose  exploits  form  the  bases  of  so  many 
of  the  Old  World  legends.  The  Society  was  to  have  two  wings. 
Arms  and  the  commissariat  were  to  be  found  by  the  Americans, 
and  the  Irish  society  was  to  complete  an  organization  which  would 
take  in  all  of  the  island. 

The  church  antagonized  the  movement,  and  a  priest  betrayed 
it.  O'Donovan  Rossa  and  a  number  of  the  conspirators  were 
found  guilty,  and  sent  to  penal  servitude. 

In  1861  Terence  Bellew  McManus  died,  in  San  Francisco. 
He  was  one  of  the  revolutionists  of  1848,  and  a  man  whose  name 
was  a  household  word  with  the  Irish  of  that  day.  It  was  deter- 
mined to  make  his  funeral  a  great  revolutionary  demonstration* 
T.  P.  O'Connor,  in  his  history  of  the  Parnell  movement,  says: 

"The  body  was  conveyed  across  America  with  every  circum- 
stance of  pomp  and  solemnity.  To  Ireland  at  last  came  the 
funeral  procession  that  had  thus  stalked  solemnly  across  the  vast 
continent  and  the  wide  expanse  of  ocean.  Such  a  spectacle  was 
well  calculated  to  inspire  the  imagination  and  to  stimulate  the  pat- 
riotic passions  of  the  people.     The  movement  was  still  further 


THE  DYNAMITE  WAR.  47 

strengthened  by  the  opposition  which  the  funeral  demonstration 
received  from  the  ecclesiastical  authorities.  Archbishop  Cullen 
continued  to  the  dead  conspirator  the  same  hostility  which  he 
displayed  to  the  living  members  of  secret  societies.  To  him  it 
soon  became  known  that  the  funeral  was  serving  as  a  trumpet- 
call  to  gather  in  recruits  for  the  revolution  through  the  country. 
He  refused  to  allow  the  body  to  lie  in  state  in  any  of  the  churches 
of  his  diocese.  This  added  feelings  of  bitter  exasperation  to  all 
the  other  forces  tending  to  make  the  funeral  a  new  departure  in 
Irish  politics.  The  coffin  was  landed  at  Queenstown  on  Oct.  30, 
1861,  and  the  funeral  took  place  in  Dublin,  on  Sunday,  November 
10.  In  this  interval  the  country  was  excited  by  a  fierce  contro- 
versy between  the  Fenians  and  Archbisop  Cullen,  and  the 
controversy  brought  recruits  in  daily  larger  niftnbers  to  the 
revolutionary  organization.  At  last  the  funeral  wound  up  in  a 
demonstration  which  was  a  fitting  close  to  the  preceding  events. 
Fifty  thousand  people  followed  the  remains;  at  least  as  many 
lined  the  streets ;  and  the  procession  solemnly  paused,  with  un- 
covered heads,  at  every  spot  sacred  to  the  memory  of  those  who 
fought  and  died  in  the  good  fight  against  English  tyranny ;  in 
Thomas  Street,  at  the  house  where  Lord  Edward  Fitzgerald  met 
his  death,  and  the  church  where  lie  his  remains;  at  the  house  in 
High  Street  where  the  remains  of  Wolfe  Tone  had  been  laid  before 
the  removal  for  final  interment;  especially  opposite  the  spot 
where  Robert  Emmet  was  executed.  'In  passing  the  Castle,'  says 
a  chronicler  of  the  period,  'the  procession  slackened  its  pace  to 
the  utmost,  and  lingered  on  its  way  in  silent  but  stern  defiance.' 
Finally,  as  night  closed  in,  the  body  was  deposited  in  Glasnevin 
Cemetery." 

After  this  recruits  to  the  new  organization  poured  in  in  a 
steady  flood.  Even  the  British  army  in  Ireland  was  affected,  and 
15,000  soldiers  were  enrolled  in  the  society.  Spies  and  detectives 
filled  every  town  in  Ireland,  and  at  last  the  Government  struck. 
On  Sept.  15,  1865,  tihe  Irish  People  was  seized,  and  Luby  O'Leary 


48  THE  DYNAMITE  WAR. 

»and  O'Donovan  Rossa  were  arrested.  Stephens  was  taken  some 
time  later,  but  managed  to  escape  from  Richmond  jail.  To  the 
horrified  amazement  of  the  people  Judge  Keogh,  whose  betrayal  of 
the  people  but  a  few  years  back  had  been  the  active  cause  of 
driving  even  conservative  men  into  the  revolution,  was  selected 
as  the  principal  one  of  the  trial  judges! 

Says  O'Connor:  "The  original  scandal  of  appointing  such  a 
man  to  preside  over  the  Fenian  trials  was  aggravated  by  his  conduct 
of  the  cases.  He  bullied  the  prisoners  so  flagrantly  that  at  last  some 
even  of  the  English  press  cried  shame,  and  occasionally  he  poured 
upon  some  unhappy  creature  he  was  about  to  send  to  penal  servi- 
tude for  several  years,  the  plenteous  vials  of  his  abundant  bil- 
lingsgate. Meantime  the  Irish  people  looked  on  shocked, 
enraged,  impotent ;  naturally  loathing  with  greater  cordiality  the 
system  which  placed  infamy  upon  the  bench,  and  honesty  in  the 
dock,  that  permitted  the  perjured  assassin  of  their  hopes  to  draft 
to  the  horrors  of  penal  servitude  the  spirits  he  himself  had  sum- 
moned from  the  vasty  deep  of  a  nation's  despair." 

Much  of  the  strength  of  Fenianism  lay  among  the  Irish  popu- 
lation of  England,  and  emissaries  were  constantly  passing  between 
the  two  countries.  It  thus  came  to  pass  that  some  of  the  leaders 
were  arrested  and  lodged  in  English  jails.  One  of  these.  Gen. 
Burke,  was  incarcerated  in  Clerkenwell  prison.  It  was  resolved 
that  he  should  be  rescued.  The  task  was  entrusted  to  ignorant 
hands.  A  barrel  of  gunpowder  was  placed  in  a  narrow  street  by 
the  side  of  the  wall  in  that  part  of  the  prison  where  Gen.  Burke 
was  supposed  to  be  exercising.  The  wall  was  blown  down.  The 
prisoner,  fortunately  for  himself,  was  not  in  that  portion  of  the 
prison  at  all ;  if  he  had  been,  his  death  would  have  been  certain. 
A  number  of  unfortunate  people  of  the  poorer  classes,  living  in 
tenement  houses  opposite  the  prison,  were  the  victims.  Twelve 
were  killed  and  a  hundred  and  twenty  maimed.  This  occurred 
on  December  13,  1867.  A  man  named  Barrett  was  tried  and 
convicted,  and  was  hanged  in  front  of  Newgate  prison. 


CtrO» 


50  THE  DYNAMITE  WAR. 

The  second  event  brought  out  with  equal  emphasis  the  hold 
which  the  insurrectionary  movement  had  taken  upon  the  Irish  in 
England,  and  the  reality  and  proportions  of  the  danger  to  the 
empire.  The  conduct  of  the  movement  had  passed,  after  the  ar- 
rest of  Stephens,  and  during  his  absence  in  America,  into  the 
hands  of  Col.  Kelly.  In  the  autumn  of  1867  Col.  Kelly  was  in 
Manchester,  at  a  Fenian  meeting.  As  he  was  returning  home  with 
a  companion,  Capt.  Deasy,  the  two  were  arrested  on  suspicion  of 
loitering  for  a  burglarious  purpose.  They  gave  false  names,  but 
were  soon  discovered  to  be  the  formidable  leader  of  the  con- 
spiracy and  one  of  his  chief  lieutenants.  The  Feaian  organiza- 
tion was  at  the  time  extremely  strong  in  Manchester,  and  a  rescue 
was  resolved  upon.  On  Wednesday,  Sept.  18,  the  prison  van, 
while  being  driven  to  the  county  jail  at  Salford,  was  attacked  at 
the  railway  arch  which  spans  Hyde  Road  at  Bellevue.  A  party 
of  thirty  rushed  forward  with  revolvers,  shot  one  of  the  horses, 
and  the  police,  being  unarmed,  fled.  An  attempt  was  made  to 
open  the  door  of  the  van  with  hatchets,  hammers  and  crowbars, 
but  this  failed ;  and  meantime  the  police  came  back,  accompanied 
by  a  large  crowd.  Sergt.  Brett,  the  policeman  inside,  had  the 
keys,  which  some  of  the  party,  opening  the  ventilator,  asked  him 
to  give  up.  He  refused;  a  pistol  was  placed  to  the  keyhole  for 
the  purpose  of  blowing  open  the  lock;  the  bullet  passed  through 
Brett's  body,  and  he  fell,  mortally  wounded.  The  keys  were 
taken  out  of  his  pocket  and  handed  out  by  one  of  the  female  pris- 
oners. Kelly  and  Deasy  were  released,  and  hurried  off  into  con- 
cealment, and  were  never  recaptured.  Meantime  a  crowd  had 
gathered,  several  of  the  rescuing  party  were  seized  and  almost 
lynched;  one  of  them,  William  Philip  Allen,  was  almost  stoned 
to  death.  Soon  after  William  Philip  Allen,  Michael  Larkin, 
Thomas  Maguire,  Michael  O'Brien  {alias  Gould)  and  Edward 
O'Meara  Condon  {alias  Shore)  were  tried  for  the  willful  murder  of 
Sergt,  Brett.  They  were  convicted,  and  all  sentenced  to  be 
hanged.     The  trial  took  place  amid  a  hurricane  of  public  passion 


THE  DYNAMITE  WAR.  51 

and  panic.  The  evidence  was  tainted,  and  was  soon  unexpectedly- 
proved  to  be  utterly  untrustworthy.  Thomas  Maguire,  tried  on 
the  same  evidence,  identified  by  the  same  witnesses,  convicted 
and  sentenced  by  the  same  judges,  was  proved  so  conclusively  in- 
nocent that  he  was  released  a  few  days  after  his  trial.  Allen  and 
the  others  declared  solemnly  that  they  had  not  intended  to  hurt 
Sergt.  Brett.  Condon,  in  speaking,  used  a  phrase  that  has  be- 
come historic:  "  I  have  nothing,"  he  said  in  concluding  his  speech, 
"to  regret  or  take  back.  I  can  only  say,  God  save  Ireland." 
His  companions  advanced  to  the  front  of  the  dock,  and,  raising 
their  hands,  repeated  the  cry,  "  God  save  Ireland." 

Maguire  was  released  and  Condon  was  reprieved.  For  some 
time  there  was  a  hope  that  the  breakdown  of  the  trial  in  the  case  of 
Maguire  would  result  in  a  reprieve  in  the  cases  of  the  other  three. 
But  the  authorities  ultimately  decided  that  the  three  men  should 
be  hanged,  and  on  the  morning  of  Nov.  23, 1867,  Allen,  Larkin 
and  O'Brien  were  executed  in  front  of  the  Salford  jail.  A  short 
time  afterwards  their  bodies  were  buried  in  quick  lime,  in  uncon- 
secrated  ground,  within  the  precincts  of  the  prison. 

It  is  impossible,  even  after  the  considerable  interval  that 
has  elapsed,  to  forget  the  impression  which  the  event  produced 
upon  the  Irish  people.  In  most  of  the  towns  in  Ireland  vast 
multitudes  walked  in  funeral  processions  through  the  streets  to 
testify  the  terrible  depths  of  their  grief. 

Men  speak  of  it  to-day  with  almost  the  same  frenzied  bitter- 
ness as  at  the  moment  when  it  took  place.  A  few  days  after  the 
execution  Mr.  T.  D.  Sullivan  wrote  the  poem  with  the  refrain 
uttered  from  the  dock,  "God  Save  Ireland!"  and  whenever  in 
any  part  of  the  globe  there  is  now  an  assembly  of  Irishmen,  so- 
cial or  political — a  concert  in  Dublin,  a  convention  in  Chicago,  or 
a  parliamentary  dinner  in  London — the  proceedings  regularly  close 
with  the  singing  of  "  God  Save  Ireland  1 " 


52  THE  DYNAMITE  WAR. 

The  Irish  "Marseillaise.** 

High  upon  the  gallows  tree 

Swung  the  noble-hearted  three, 
By  the  vengeful  tyrant  stricken  in  their  bloom ; 

But  they  met  him,  face  to  face, 

With  the  courage  of  their  race. 
And  they  went  with  souls  undaunted  to  their  doom. 

"God  save  Ireland,"  said  the  heroes, 
"God  save  Ireland,"  said  they  all ; 
"Whether  on  the  scaffold  high, 

Or  the  battlefield  we  die, 

Oh,  what  matter,  when  for  Erin  dear  we  falll" 

Girt  around  with  cruel  foes. 

Still  their  courage  proudly  rose, 
For  they  thought  of  hearts  that  loved  them,  far  and  near; 

Of  the  millions  true  and  brave, 

O'er  the  ocean's  swelling  wave, 
And  the  friends  in  holy  Ireland  ever  dear. 

Climbed  they  up  the  rugged  stair, 

Rung  their  voices  out  in  prayer, 
Then,  with  England's  fatal  cord  around  them  cast, 

Close  beneath  the  gallows  tree 

Kissed  like  brothers  lovingly, 
True  to  home,  and  faith,  and  freedom  to  the  last. 

Never  till  the  latest  day 

Shall  the  memory  pass  away 
Of  the  gallant  lives  thus  given  for  our  land ; 

But  on  the  cause  must  go. 

Amidst  joy,  or  weal,  or  woe, 
Till  we've  made  our  Isle  a  nation  free  and  grand. 

An  amnesty  movement  for  the  prisoners  in  penal  servitude 
was  begun,  which  soon  gathered  great  force.  There  was  a  par- 
liamentary vacancy  in  the  County  Tipperary.  Denis  Heron 
sought  election  as  a  Liberal.  The  people  put  up  against  him 
O'Donovan  Rossa,  whose  magnificent  resistance  to  the  petty 
tyrannies  of  his  jailers  had  fired  his  friends  with  an  enthusiasm 


THE  DYNAMITE  WAR.  53 

which  soon  carried  him  triumphantly  to  the  top  of  the  poll.  The 
Government  declared  him  disqualified  as  a  felon. 

It  is  a  curious  fact  that  it  was  the  execution  of  Allen,  Larkin 
and  O'Brien,  and  the  exacerbated  feelings  provoked  by  it,  that 
determined  Charles  Stewart  Parnell  to  go  into  the  service  of  his 
country. 

At  the  close  of  the  American  war  a  great  many  Irish  officers 
who  had  fought  in  the  Union  Army  found  themselves  ready  for 
any  adventure  which  would  come.  It  was  out  of  this  material 
that  the  raid  on  Canada  was  made  up,  which  was  a  complete 
failure,  as  everybody  will  remember,  much  of  its  ill  luck  being 
no  doubt  due  to  "Major  Le  Caron,"  the  English  spy,  who  was  one 
of  the  Council  of  War. 

About  this  man  "Le  Caron,"  or  Beach,  there  will  be  a  good 
deal  to  be  said  later  on,  but  it  will  be  found  curious  and  interest- 
ing to  introduce  at  this  point  his  account  of  the  origin  of  the 
Clan-na-Gael,  furnished  in  his  own  handwriting  to  the  London 
Times,  and  by  it  printed  on  May  13,  1887: 

"The  Fenian  Brotherhood  (or  F.  B.)  was  established  in 
America  to  subsidize  and  aid  the  Irish  association  founded  by 
James  Stephens  under  the  title  of  the  Irish  Revolutionary  Brother- 
hood (or  I.  R.  B.)  The  secret  history  of  these  two  societies 
would  disillusionize  all  who  place  a  high  estimate  upon  what  they 
are  pleased  to  call  the  Irish  National  movement.  It  is  sufficient 
here  to  remark  that,  as  the  utter  hollowness  of  the  Irish  conspiracy 
was  exposed  by  the  outbreak  of  1867,  so  the  contemptible  failure 
of  the  Fenian  raid  on  Canada  in  1870  decided  a  number  of  the 
principal  conspirators  in  America  to  separate  themselves  from  the 
discredited  F.  B.,  and  to  form  a  new  association.  These  men 
met  in  Philadelphia,  and  there  held  the  first  convention  of  the 
organization  publicly  known  as  the  Clan-na-Gael,  but  more 
properly  called  the  United  Brotherhood.  A  very  transparent 
cipher  was  adopted — namely,  moving  on  the  alphabet  one  letter 
The  U.  B.  thus  became  the  V.  C,  which  was  for  many  years  the 


54  THE  DYNAMITE  WAR. 

secret  name  of  the  society;  the  Executive  Bureau,  as  the  govern- 
ing body  was  termed,  became  the  F.  C;  the  I.  R.  B.  is  mentioned 
In  their  reports  as  the  J.  S.  C,  and  Ireland  is  always  Jsfmboe. 

"  This  society,  unlike  the  F.  B.  which  it  superseded,  was 
from  its  inception  secret  and  oathbound,  and  its  objects  are  thus  set 
forth  in  the  official  printed  'Constitution':  — 'The  object  is  to 
aid  the  Jsjti  people  in  the  attainment  of  the  complete  and  abso- 
lute independence  of  Jsfmboe  by  the  overthrow  of  Csjujti  dom- 
ination ;  a  total  separation  from  that  country,  and  the  complete 
severance  of  all  political  connection  with  it ;  the  establishment  of 
an  independent  Republic  on  Jsjti  soil,  chosen  by  the  free  votes 
of  the  whole  Jsjti  people,  without  distinction  of  creed  or  class; 
and  the  restoration  to  all  Jsjtinfo  of  every  creed  and  class  of  their 
natural  privileges  of  citizenship  and  equal  rights.  It  shall  prepare 
unceasingly  for  an  armed  insurrection  in  Jsfmboe.'  Csjujti  is,  of 
course,  the  cipher  word  for  British,  and  Jsjti  for  Irish. 

"  The  Ninth  Convention  of  the  V.  C,  above  referred  to,  was 
held  at  Wilkesbarre,  Penn.,  on  Aug.  8,  1879.  'Mr.  Jones,'  the 
envoy,  was  no  other  than  John  Devoy,  the  well-known  Fenian 
leader.  There  were  good  reasons  for  keeping  back  his  report. 
It  is  a  lengthy  and  prolix  document,  giving  an  account  of  his 
movements  during  a  seven  months'  visit  to  Europe,  and  contain- 
ing statistics  of  the  home  conspiracy,  which  he  found  to  be  in  a 
state  of  utter  disorganization.  He  had  been  in  close  and  constant 
communication  with  the  council  and  officers  of  the  I.  R.  B.,  and 
had  also  conferred  with  leading  Nationalists  unconnected  with 
the  society.  But  for  our  present  purpose  two  statements  in  his 
report  alone  claim  special  notice.  In  the  first  he  called  serious 
attention  to  the  fact .  that  the  I.  R.  B.  was  taking  a  position  of 
hostility  to  the  Home  Rule  movement,  then  becoming  prominent ; 
and  in  the  second  he  deplored  the  impossibility  of  keeping  the 
farmers  in  the  ranks  of  the  organization,  although  in  prosperous 
times  they  were  willing  enough  to  pay  for  firearms. 


THE  DYNAMITE  WAR.  55 

"Thus  Devoy  was  cautiously  endeavoring  to  prepare  the 
V.  C.  for  that  change  of  front  which  has  since  been  known  as  the 
New  Departure.  To  state  his  scheme  in  his  own  words,  in  a 
letter  to  the  Freeman's  Journal^  he  desired  that  '  a  common  basis 
of  political  action  might  be  arrived  at  between  several  sections* 
of  the  Irish  people,  then  separated  by  strong  differences  of  opin- 
ion, but  having  many  objects  in  common.*  Such  language, 
coming  from  another  quarter,  would  be  reasonable  and  harmless, 
but  in  the  mouth  of  John  Devoy,  the  '  envoy'  of  the  American 
Fenians  to  the  conspirators  at  home,  its  meaning  is  clear.  It  was 
an  appeal  to  the  Revolutionists  and  Dynamiters  to  stand  upon  a 
common  platform  with  land  reformers  and  Home  Rulers. 

"  The  apostle  of  the  New  Departure  was  Devoy,  but  Michael 
Davitt  was  its  prophet.  His  release  from  penal  servitude  had 
occurred  before  the  V.  C.  envoy's  arrival  in  Europe,  and,  grasping 
the  situation  at  once,  he  took  the  lead  in  the  agrarian  agitation 
of  1879.  In  November  of  that  year,  three  months  after  the 
Wilkesbarre  Convention,  he  founded  the  Land  League;  and  on 
Jan.  1,  1880,  Mr.  Parnell  landed  in  New  York  to  seek  American 
support  for  the  new  movement.  The  V.  C.  leaders  received 
him  with  open  arms,  promoted  meetings  for  him  throughout  the 
States,  and  prominently  identified  themselves  with  him  on  every 
platform. 

"  In  America  the  New  Departure  was  triumphant,  but  the 
Fenians  at  home  were  too  dull  to  appreciate  such  a  policy,  and 
the  Land  League  was  constantly  exposed  to  the  open  hostility  of  a 
section  of  the  I.  R.  B.  On  one  occasion  even  Mr.  Parnell  himself 
suffered  rough  treatment  at  their  hands.  On  June  18,  therefore, 
John  Devoy  addressed  to  the  Freeman's  Journal  the  letter  already 
quoted.  It  was  but  the  renewal  of  an  appeal  he  had  made  eight- 
een months  before  in  the  columns  of  the  same  paper." 

This  is  an  enemy's  account  of  the  truth  of  the  Clan-na-Gael, 
but  it  is,  on  the  whole,  near  the  facts. 


56  THE  DYNAMITE  WAR. 

One's  appreciation  of  the  good  or  evil  in  the  great  movement 
depends  a  great  deal  on  one's  point  of  view,  and  this  is  not  the 
place  to  discuss  the  ethics  of  the  great  conspiracy.  These  are  the 
results: 

Twenty-nine  Irish  revolutionists  have  been  sent  from  America 
into  English  prisons  in  the  last  eight  years.  In  almost  every  in- 
stance it  is  known  for  a  fact  certain  that  these  victims  were  be- 
trayed to  the  Government  against  which  their  attack  was  to  be 
delivered  before  they  had  left  the  vessel  which  carried  them  over. 
The  centers  of  English  information  have  been  in  Chicago  and 
New  York,  but  particularly  Chicago.  In  every  instance  Scot- 
land Yard  was  apprised  of  the  name  and  description  of  the  dyna- 
mitard  long  before  it  was  possible  that  harm  could  be  done,  and  the 
half  success,  from  a  criminal  point  of  view,  of  some  of  the  explo- 
sions was  due,  not  to  a  lack  of  espionage  and  treason  on  this  side  of 
the  water,  but  to  the  stupidity  of  the  British  police.  Le  Caron's 
evidence  before  the  Parnell  Commission  shows  how  thoroughly  the 
work  was  done ;  and  Le  Caron  was  not  the  most  valuable  spy  in 
the  English  service.  But  two  men  are  known  to  have  completely 
baffled  the  detectives,  and  before  the  story  of  the  prisoners  now  in 
jail  is  told  something  may  be  said  of  their  adventures. 

P.  J.  Tynan,  the  No.  1  of  the  Phoenix  Park  assassination,  when 
Lord  Frederick  Cavendish  and  Mr.  Burke  were  "removed,"  is  still 
being  sought  for  all  over  the  world.  He  disappeared  like  a 
political  Tascott,  and  left  not  a  trace  behind.  It  was  months 
before  even  a  photograph  of  him  could  be  found,  so  thoroughly 
had  he  taken  all  sorts  of  precautions,  and  when  the  picture  was 
discovered  it  is  said  the  British  Government  was  forced  to  pay 
£1,000  for  it.  Tynan  was  a  remarkable  man.  He  was  a  leader 
of  the  secret  societies  in  Ireland,  a  cool  and  desperate  man,  whose 
honesty  was  admitted,  but  whose  fanaticism  in  the  Irish  cause 
would  carry  him  to  any  length.  Before  the  Phoenix  Park  outrage 
he  had  already  been  concerned  in  wild  work  in  Kerry  and  York. 
Nobody  knew  much  about  him,  not  even  his  associates.     He  was  a 


THE  DYNAMITE  WAR.  57 

heavy-set  man,  rather  large-faced,  with  kindly  blue  eyes,  and  a 
great,  bushy  beard.  He  was  supposed  to  have  served  in  the 
French  army,  and  he  spoke  French  better  than  English.  Some 
months  ago  the  last  man  that  saw  Tynan  in  Dublin  told  the  writer 
the  following  story  of  his  escape: 

"It  was  after  the  murder  in  the  park,  but  before  Carey  had 
turned  approver,  that  I  met  Tynan  on  D'Olier  Street,  not  far 
from  the  bank.  We  chatted  for  a  minute,  when  one  of  the  castle 
detectives  sauntered  up  and  said  significantly,  'The  American 
mail  is  in.  Have  you  any  idea  when  the  Holyhead  boat  leaves  ?' 
Tynan  turned  pale,  almost  staggered,  and  walked  rapidly  away. 
He  was  never  seen  since.  That  night  the  police  were  turning 
Dublin  upside  down  hunting  him,  and  they  have  been  searching 
for  him  ever  since.  He  is  probably  living  quietly  in  France, 
although  it  is  said  he  was  seen  and  spoken  to  by  an  old  friend  in 
London  not  more  than  a  month  ago." 

The  other  successful  fugitive  is  James  Moorhead,  better 
known  by  the  nom  de  dynamite  of  Thomas  J.  Mooney.  Moor- 
head with  one  Terence  McDermott  managed  the  explosion  at  the 
local  Government  Board  offices  at  Whitehall,  in  London,  March 
15,  1883.  He  is  supposed  to  have  had  a  hand  in  the  Glasgow 
outrages  which  occurred  six  weeks  earlier.  Moorhead's  own 
story,  or  what  purported  to  be  his  story,  was  printed  in  the  Amer- 
ican papers  last  December.  He  said  that  he  was  sent  over  by  the 
secret  societies  on  this  side  for  dynamite  work,  and  furnished  with 
money  and  letters  of  introduction  to  the  evangels  of  destruc- 
tion on  the  other  side  of  the  water.  He  went  to  Glasgow 
and  put  himself  into  communication  with  J.  F.  Kearney,  who 
controlled  the  dynamite  arsenal.  By  this  man  he  was  provided 
with  large  amounts  of  nitro-glycerine,  and  after,  as  he  facetiously 
remarked,  touching  off  the  Glasgow  Gas  Works,  he  went  to  Lon- 
don and  blew  up  the  Government  Board  offices,  tried  to  blow 
up  the  Times,  and  was  prevented  by  the  vigilance  of  the  po- 
lice from  attacking  the  Parliament  palace.    He  coolly  read  the 


58 


THE  DYNAMITE  WAR. 


papers  describing  him  and  offering  a  reward  for  his  arrest,  and  in 
his  own  good  time  went  to  Liverpool,  took  ship,  and  came  home, 
the  last  person  he  shook  hands  with  being  a  detective  on  the  ten- 
der at  Liverpool.  Moorhead,  or  Mooney,  is  now  said  to  be  living 
at  1210  First  Avenue,  New  York. 

There  is  no  such  doubt  about  the  addresses  of  the  other  and 
less  lucky  dynamitards.     The  list,  as  given  officially,  is  as  follows : 


Date  of 
Sentence. 


1881. 
May 

1882. 
Jan.  31.. 

July  31.. 


1883. 
May  28.. 


July. 


July  30, 


Name. 


James  McGrath. 
James  McKevitt. 


John  Tobin. 


Thomas  "Walsh. 


Thomas  Gallagher. 
A.  G.  Whitehead. 
H.  H.  Wilson. 
John  Curtin. 


'William  Tansey. 
Pat  Naughton. 
Pat  Rogerson. 
James  Kelly. 


1 


1 


Timo*y  Featherstone.  ^ 
Dennis  Deasey.  I 

Pat  Flanigan.  [ 

Henry  Dalton.  J 


Crime. 


Atte  m  p  t  t  o 
blow  up  Liver- 
p  ool  Town 
Hall. 

Illegal  posses- 
sion of  nitro- 
glycerine. 

Illegal  posses- 
sion of  nitro- 
glycerine. 

Illegal  man'f're 
of  nitro-glycer- 
ine  at  Birming 
ham  and  trans- 
fer of  it  to  Lon- 
don. 


Explosion  at 
Weston  House 
in  Galway. 


Illegal 

sion  of  infernal 

machines. 


Sentence. 


Life. 
20  yrs. 


7yrs. 


7  yrs. 


Life. 
Life. 
Life. 
Life. 


14  yrs. 

8  yrs. 
12  yrs. 

2  yrs. 

Life. 
Life. 
Life. 
Life. 


THE  DYNAMITE  WAR. 


59 


Date  op 

Sentence. 

Name. 

Crime. 

/Sentence, 

Dec.  1 

'James  McCuUough. 

Life. 

Thomas  Dewanney. 

Life. 

Peter  Callahan, 

Life. 

Henry  McCann. 

Outrages  at 

Life. 

Terence    McDermott 

Glasgow  in  Jan- 

Life. 

Dennis  Casey. 

uary,  1883. 

7  yrs. 

Pat  McCabe. 

7yrs. 

James  Kelly. 

7  yrs. 

James  Donnelly. 

7  yrs. 

Patrick  Drum. 

7  yrs. 

1884. 

*  John  Daly.                   ) 

Illegal     posses- 

Life. 

July  29 

J.  F.  Egan.                  ) 

sion  of  infernal 
machines. 

20  yrs. 

1885. 

Explosion      a  t 

March 

Patrick  Levy. 

Mill  street  bar- 

lyr. 

racks. 

H.  L. 

May  18 

(  J.  G.  Cunningham.     ) 
1  H.  Burton.                   J 

Explosion  at 

Life. 

Tower  of  Lon 

Life. 

don,  etc. 

Nov.  18 

J.  Wallace,  alias  Duff. 

Murder  at    oli- 
hull. 

20  yrs. 

This  makes  thirty-two  men  imprisoned  for  dynamite  out- 
rages, for  the  conviction  of  Wallace  for  the  Solihull  murder  was 
only  brought  about  by  his  arrest  in  one  of  the  criminal  conspir- 
acies. The  Solihull  murder  was  a  Fenian  "removal."  Of  these 
thirty-two,  two  died,  and  one,  Patrick  Drum,  was  released  imme- 
diately after  conviction,  leaving  twenty-nine  persons  sent  to  jail  to 
serve  out  sentences  for  their  share  in  the  murder  plot.  Some  of 
these  sentences  have  been  already  ended,  but  there  are  still  in 
British  jails  twenty-two  men  under  punishment  for  the  conspiracy, 
and  it  is  a  curious  fact  that  none  of  these  men  have  been  permit- 
ted to  earn  good  time  or  get  the  indulgence  granted  to  other 
convicts,  if  the  stories  told  by  their  friends  be  true. 


60  THE  DYNAMITE  WAR. 

Of  the  dynamitards  two  are  dead.  These  are  Capt.  Mackay 
Lomasney  and  Peter  Malone,  although  there  is  much  doubt  about 
the  name  of  this  latter.  They  were  killed  in  the  abortive  explo- 
sion at  London  Bridge  about  a  quarter  to  six  o'clock  the  evening 
of  Dec.  13,  1884.  Neither  of  the  bodies  was  ever  found,  and  it 
is  supposed  that  the  men  and  boat  were  so  torn  to  pieces  that 
nothing  but  human  and  other  wreckage  remained  after  the  prem- 
ature explosion  of  the  cartridges.  Lomasney's  widow  still  lives 
in  Detroit,  and  it  will  be  remembered  that  it  was  the  failure  to 
provide  properly  for  her  that  was  one  of  Dr.  Cronin's  charges 
against  the  Triangle. 

As  to  "  Malone,"  if  that  be  his  name,  nothing  is  definitely 
known  save  that  he  had  been  associated  for  some  time  with 
Lomasney,  and  that  the  two,  going  under  the  name  of  Marshall, 
had  rented  a  little  shop  on  the  Harrow  Road,  where  some  weeks 
later  a  lot  of  nitro-glycerine  was  found. 

The  record  of  the  outrages  is  soon  given.  It  runs  as 
follows  : 

RECORD    OF    THE    EXPLOSIONS. 

1881. 

May  16 — Dynamite  attack  on  the  police  barracks  at  Liver- 
pool. 

June  10 — Attempt  to  blow  up  Liverpool  Town  Hall. 

June  14 — Explosion  at  Loanhead  in  Edinburgh. 

June  30 — Six  infernal  machines  found  in  cement  barrels  on 
the  "  Malta  "  at  Liverpool.     American  made. 

July  2 — Two  infernal  machines  of  like  character  and  origin 
found  on  board  the  "  Bavaria  "  at  Liverpool. 

September — Explosion  at  the  police  barracks  at  Castlebar, 
Ireland. 

1882. 
March  26 — Explosion  at  Weston  House,  Galway. 
March  27 — Explosion  at  Letterkenny. 
April  2 — Attack  on  police  barracks  at  Limerick. 
May  12 — Attempt  to  blow  up  the  Mansion  House,  London. 


THE  DYNAMITE  WAP.  61 

1883. 

January  21 — Glasgow  outrages  at  Fossil  Bridge,  Buchanan 
Street  Station,  and  the  gas-works. 

March  1 5 — Explosion  at  local  Government  Board  offices  and 
attempt  to  blow  up  the  London  Times  office. 

April — An  infernal  machine  found  at  Liverpool.  Seizure  of 
a  nitro-glycerine  factory  at  Birmingham,  conducted  by  Feather- 
stone  and  others. 

October  30 — Outrages  on  the  Metropolitan  Railway  in 
London. 

November — Two  infernal  machines  found  at  Westminster. 
1884. 

January — Dynamite  found  in  Primrose  Hill  Tunnel. 

February  25 — Explosion  at  cloak-room  of  London,  Brighton 
<fe  S.  W.  Railway. 

February  27,  28,  and  March  1 — Infernal  machines  found  in 
valises  in  different  London  railway  stations. 

April — John  Daly  captured  at  Birkenhead  with  bombs  in 
his  possession. 

May  30 — Explosions  at  Junior  Carlton  Club,  Sir  Watkin 
Wynn's  house  and  Scotland  Yard.  Infernal  machine  found  in 
Trafalgar  Square. 

November  28 — Attempt  to  burn  up  Edinburn  house,  the 
residence  of  Mr.  Hussey. 

December  1 2 — Attempt  to  blow  up  London  Bridge. 

1885. 

January  2 — Explosion  in  Gower  Street  tunnel. 

January  25 — Explosions  at  the  Tower  of  London,  Westmin- 
ster Hall  and  the  House  of  Commons. 

February — Nitro-glycerine  found  at  a  deserted  shop  on 
Harrow  Road. 

March — Explosion  at  Bootle. 

This  closes  the  official  record  as  given  in  Col.  Majendie's 
reports,  but  dynamite  activity  did  not  stop  with  the  official 
records.  The  last  attempt  was  made  in  the  jubilee  year,  1887, 
and  was  only  foiled  by  the  death  of  one  of  the  conspirators,  who 
went  under  the  un-Irish  name  of  Joseph  Cohen.  An  inquest  was 
held  upon  his  remains,  and  the  fact  was  developed,  chiefly 
through  the  voluntary  statements  of  the  detectives  who  had  been 


62  THE  DYNAMITE  WAR. 

for  some  time  watching  the  deceased,  that  he  was  a  dynamiter 
who  was  plotting  a  jubilee  explosion.  Two  other  men,  Thomas 
Callan  and  Michael  Hawkins,  were  arrested  as  co-con spiratojrs 
with  the  dead.  All  the  original  information  had  come,  it  is  now 
known,  from  Le  Caron,  in  Chicago. 

The  official  statement  made  by  the  authorities  in  Scotland 
Yard  is  thus  briefed  by  the  Pall  Mall  Gazette  of  Oct.  28, 1887; 

"  Disclosures  respecting  what  purports  to  be  a  Fenian  con- 
spiracy to  commit  outrages  in  this  country  during  the  time  of  the 
jubilee  celebrations,  were  yesterday  furnished  by  the  Assistant 
Commissioner  of  the  Metropolitan  Police.  It  is  said  that  the 
head  of  the  dynamite  gang,  whose  operations  began  this  spring, 
was  Gen.  Miller,  whose  antecedents  in  Fenian  matters  as  a 
member  of  the  Clan-na-Gael  are  well  known  to  the  police.  The 
man  came  to  London  last  April  with  instructions  to  '  bring  off 
an  outrage  at  the  time  of  the  jubilee.'  He  resided  at  Parish  and 
Boulogne,  but  never  set  foot  on  English  soil,  or  he  would  have 
been  arrested ;  but  before  the  jubilee  festivities  Scotland  Yard 
paralyzed  the  man's  observations  by  sending  a  police  officer  to 
him  at  Boulogne  and  warning  him  that  his  plot  was  known. 
Then  the  General  returned  from  Boulogne  to  Paris,  where  he 
remained  until  a  few  days  ago  and  then  left  for  America,  travel- 
ing via  Brussels  and  Rotterdam  and  Amsterdam,  whence  he 
sailed  within  two  days  after  the  death  of  Cohen,  on  board  the 
steamer  'Edam,'  with  his  wife  and  daughter.  This  steamer 
reached  New  York  in  a  few  days. 

"  Then  the  man  Melville  came  to  London  as  an  agent  of  Mil- 
ler, and  took  modest  lodgings,  but  at  the  time  he  was  deficient  in 
funds.  The  police,  however,'watched  him  closely,  and  found  that 
on  two  occasions  he  called  on  Mr.  Joseph  Nolan,  M.  P.,  at  the 
House  of  Commons.  He  had  for  his  companion  the  man  Haw- 
kins, and  both  of  them  were  seen  in  company  with  the  dead  man 
Cohen,  upon  whom  an  inquest  was  held  Wednesday.  The  police 
suspicions  of  Melville's  business  were  entirely  confirmed.  His 
assertion  that  he  represented  Mr.  Phillips  of  Philadelphia  proved 
entirely  false.  Afterward  Melville  went  to  Paris,  and  there  met 
a  man  named  Dennehy,  who,  with  a  man  named  Maloney,  sailed 
for  America,  Aug.  17.  Dennehy  is  a  member  of  the  Clan-na- 
Gael,  and  his  address  is  known  to  the  police. 


THE  DYNAMITE  WAR.  63 

**  Melville  then  returned  to  London  and  staid  at  the  Hotel 
Metropole  with  a  Miss  Kennedy  of  Boston,  with  whom  he  trav- 
eled throughout  Ireland  and  afterwards  to  Paris,  where  he  called 
apon  Gen.  Miller  at  the  Hotel  du  Palais,  and  was  also  seen  in  a 
cab  with  a  man  remarkably  like  the  deceased  man  Cohen,  who 
was  absent  from  his  lodgings  about  five  weeks  ago.  He  sailed  for 
America  from  Havre,  Sept.  17,  and  on  reaching  Xew  York  his 
companion,  Miss  Kennedy,  was  arrested  for  smuggling  a  large 
quantity  of  valuable  goods.  Melville's  real  employer  is  a  Mr. 
Burchall,  of  Philadelphia;  and  Burchall  is  also  connected  with 
other  members  of  the  secret  society.  Melville's  hurried  departure 
upset  the  plans  of  the  Clan-na-Gael,  and  closely  following  this 
Cohen  died.  Hawkins  has  admitted  tliat  he  called  at  the  House 
of  Commons  with  Melville,  and  that  he  had  written  for  money  to 
Barchall.     Melville's  address  in  America  is  known  to  the  police." 

Callan  and  Hawkins  were  both  convicted  of  illegal  possession 
of  high  explosives,  and  sentenced  to  short  terms.  Melville  has 
never  been  heard  of  since,  but  it  is  believed  that  he  is  now  living 
in  Chicago,  and  only  a  few  weeks  before  the  Cronin  murder 
there  was  an  attempt  made  to  locate  him  on  the  North  Side. 

Many  of  the  men  whose  names  occur  in  the  roll  given  above 
are  well  known  in  Chicago.  The  most  interesting  character  is 
that  of  Dr.  Daly,  who  was  found  with  bombs  in  his  possession,  at 
Birkenhead.  Dr.  Daly  had  been  a  Fenian  and  a  secret  society 
man  nearly  all  of  his  life.  He  enjoyed  a  good  practice  in  New 
York,  but  he  threw  it  all  away  to  carry  on  the  dynamite  war  in 
England.  He  had  determined,  it  is  said,  to  risk  no  life  but  his 
own,  and  to  deliver  his  attack  right  into  the  House  of  Commons, 
upon  some  occasion  when  the  men  whom  he  regarded  as  the  dead- 
liest enemies  of  Ireland  were  at  work.  Like  nearly  every  other 
man  who  went  into  the  work,  he  was  betrayed.  The  police 
watched  him  quietly  but  closely  for  more  than  three  months,  wait- 
ing for  him  to  involve  some  other  men  in  his  own  ruin,  before 
they  arrested  him.  This  he  did,  for  J.  F.  Egan  would  not  to-day 
be  in  jail  had  it  not  been  for  his  intimacy  with  Daly.  When 
Daly  had  all  his  preparations  completed  to  startle  the  world  by  a 


64  THE  DYNAMITE  WAR. 

tragedy  in  Parliament,  he  was  quietly  taken  in  hand  by  the  police. 
Upon  his  person  were  found  three  bombs  of  most  ingenious  manu- 
facture, and  the  result  was  penal  servitude. 

J.  F.  Egan  was  also  a  New  Yorker  who  had  returned  to  live 
in  the  old  country.  The  case  against  him  would  have  entirely 
failed,  had  it  not  been  that  some  children  playing,  while  he  was 
under  arrest,  in  the  yard  of  the  house  where  he  had  lived,  noticed 
that  the  earth  near  one  of  the  trees  was  loose.  They  dug  down 
and  discovered  a  neat  tin  box,  with  which  they  played  until  they 
were  tired.  Then  they  left  it,  and  the  police  found  it.  It  con- 
tained an  infernal  machine,  and  a  number  of  most  compromising 
documents.  Another  physician  who  is  now  serving  out  a  sentence  of 
penal  servitude  is  Dr.  Gallagher,  whose  name  will  be  found  above 
in  connection  with  the  Birmingham  nitro-glycerine  factory.  He 
lived  at  Green  Point,  Long  Island,  where  his  family  still  are  in 
comfortable  circumstances.  Rossa  recommended  a  man  named 
Lynch  to  him,  whose  fare  across  the  ocean  he  paid,  and  whom  he 
took  thoroughly  into  his  confidence.  Lynch  promptly  informed 
the  police,  and  at  the  right  time  Gallagher  and  his  other  associates 
were  pounced  *  upon,  the  explosive-factory  was  seized  and  the 
factors  punished.     Lynch  appeared  in  the  box  against  them.' 

The  one  case  where  there  does  not  seem  to  have  been  any  long 
contemplated  and  carefully  arranged  treachery  is  that  of  the 
arrest  of  Cunningham  and  Burton  for  the  explosion  of  the  Tower 
of  London.  In  this  case  the  police  were  not  warned  beforehand, 
but  somebody  had  the  presence  of  mind  to  shut  the  gates  on  the 
panic-stricken  mob  which  was  pouring  out  of  the  Tower  after  the 
bomb  was  fired,  thus  holding  everybody  prisoners.  The  police 
took  down  the  names  and  addresses  of  every  one,  holding  those 
about  whom  they  had  the  least  doubt.  Cunningham,  unfortu- 
nately  for  himself,  gave  a  false  address,  and  a  searching  examina- 
tion of  his  record  soon  proved  his  guilt  and  connected  his  partner 
Burton  with  the  crime. 


THE  DYNAMITE  WAR.  65 

With  few  exceptions,  the  men  named  in  the  list  above  are 
either  American  citizens  or  for  a  time  residents  in  this  country. 
The  dynamite  used,  save  in  two  explosions,  was  American;  the 
infernal  machines,  when  they  could  be  identified,  were  of  Amer- 
ican manufacture,  usually  made  out  of  parts  of  American  clocks, 
and  the  evidence  upon  which  conviction  was  brought  also  origi- 
nated here. 


Chapter  V. 

Scotland  Yard  and  the  Clan-na-Gael —  "A  Roland  for  an  Oliver" 
— How  Detectives  Detect — Information  at  Market  Rates — 
Capturing  a  Police  Cipher — Rival  Cryptologists — Bogus 
Outrages — Spies  in  America — Their  Probable  Number  and 
Pay — Humbugging  an  Ambassador — Col.  Majendie  and  his 
Men — A  Visit  to  the  Secret  Service — The  "  Inner  Circle  "  at 
Scotland  Yard — The  Phantom  of  Dynamite — Trailing  a 
Suspect — The  Jubilee  Illumination. 

^|,  LITTLE  grimy  archway  on  the  left-hand  side  as  you 
O!  walk  from  Trafalgar  Square  toward  the  abbey  on  the 
street  that  governs  England  is  the  entrance  to  Scotland 
Yard.  Against  the  pillars  lean  evermore  two  or  three 
indifferently  dressed  men  whose  function  it  is  to  eye  the  passing 
public  suspiciously  If  the  gaudy  horse-guards  somewhat  farther 
down  Whitehall  remind  you  of  gay  right-bowers,  these  gentle- 
men will  recall  the  humble  necessary  seven  and  eight  spots  of  the 
game  of  government.  They  are  the  English  detectives  of  whom 
everybody  has  heard  so  much  in  recent  years.  The  specimens 
on  view  are  not  striking.  They  look  well  fed  and  comfortable, 
but  they  are  hardly  the  sort  of  men  that  a  student  of  Wilkie 
Collins  or  Gaboriau  would  expect.  Their  failures  in  crimes 
which  rise  above  larceny,  burglary  and  vulgar  murder  are  more 
easily  understood  when  the  system  and  the  men  are  studied. 

Like  everything  in  the  neighborhood  of  Westminster,  Scot- 
land Yard  has  its  traditions  reaching  back  to  the  days  of  the 
Plantagenets ;  but  from  a  royal  residence  and  a  king's  prison  it 
has  come  now  to  be  the  local  habitation  and  name  of  the  Secret 
Service  of  the  English  Crown.  There  is  a  criminal  museum  to  be 
seen  here,  with  mementoes  of  thieves  and  murderers  of  high  and 
low  degree;  an  ordinary  police  station;  and  last  of  all,  the  offices 
of  the  "  Criminal  Investigation  Department."     A  group  of  dingy 

(66) 


THE  DYNAMITE  WAR.  67 

old  houses  surround  the  courtyard,  all  of  them  built  on  different 
levels  and  in  different  times,  with  modern  passages  cut  through. 
So  that  the  sight-seer  is  always  going  up  or  down  two  or  three 
steps  or  losing  himself  in  blind  hallways  that  lead  nowhere,  or 
coming  unexpectedly  back  to  where  he  started  from..  The  stone 
stairway  leading  to  the  upper  offices  has  been  channeled  in  the 
center  by  a  flood  of  four  centuries  of  passing  shoes,  so  that  it  is 
worn  away  almost  to  an  inclined  plane  instead  of  a  flight  of  stac- 
cato steps.  Over  everything,  in  everything,  and  through  every- 
thing there  are  grime  and  gloom.  The  little  windows  are  smoky; 
fog  lies  in  the  courtyard,  and  even  the  diffused  daylight  by  which 
the  Londoner  distinguishes  night  from  day  is  more  vaporous  and 
unsatisfactory  here  than  elsewhere. 

The  visitor  is  shown  the  lions  most  politely.  Whatever 
other  criticism  may  apply,  it  is  certain  that  the  London  police, 
from  highest  to  lowest,  are  courteous  and  helpful  to  the  stranger 
within  their  gates.  They  take  all  manner  of  trouble  to  exhibit 
and  to  explain  everything,  from  the  infernal  machine  with  which 
the  Nelson  monument  was  to  have  been  blown  up  to  the  organ- 
ization of  the  police  force  and  the  general  workings  of  the 
British  Constitution. 

Police  are  police  all  the  world  over,  and  there  is  not  enough 
difference  between  England  and  America  to  justify  a  detailed  de- 
scription of  how  the  London  "  Bobby  "  comes  to  his  calling  and 
promotion.  It  is  in  the  secret  service  alone  that  the  difference 
begins. 

Up  to  1877  the  London  Detective  Police  was  a  close  corpo- 
ration, irresponsible  and  independent,  managed  entirely  from 
within.  In  that  year  occurred  the  "  great  detective  scandal,"  in 
which  three  members  of  the  force  were  proven  beyond  all  doubt 
to  be  in  regular  partnership  with  an  organized  gang  of  swindlers. 
The  usual  remedy  for  all  the  ills  that  civilization  is  heir  to  was 
applied  —  a  royal  commission,  namely  —  and  the  present  system  ] 
is  the  outcome  of  the  work  done  then  by  Mr.  Howard  Vincent. 


68  THE  DYNAMITE  WAR. 

Plain-clothes  men  were  first  pub  on  the  force  in  1842.  They 
were  formerly  attached  to  each  station.  Now  they  are  under 
the  central  control.  There  are  four  hundred  in  summer  time 
and  seven  hundred  in  winter,  the  ranks  being  filled  from  the  uni- 
formed force.  Still,  these  do  not  make  the  body  which  is  usually 
referred  to  as  Scotland  Yard.  These  are  a  chosen  corps  of  about 
eighty  men,  of  whom  each  has  the  rank  of  Inspector  —  about 
equivalent  to  a  Lieutenant  of  Chicago  police.  They  form  a  divis- 
ion by  themselves  called  the  "  C.  O.'*  and  are  under  the  imme- 
diate command  of  the  Assistant  Commissioner  of  Police  of  the 
Home  Office.  Their  general  duty  is  confined  to  the  metropolitan 
area,  but  they  are  constantly  at  work  on  investigations  for  the 
Government  and  for  foreign  governments.  About  twenty  of 
the  men  are  employed  on  political  matters  solely,  and  of  these 
ten  have  made  a  specialty  of  Irish  affairs  both  in  Ireland  and 
America.  The  political  detectives  have  the  best  of  it.  They  are 
Intrusted  with  the  spending  of  the  secret  service  moneys,  and 
much  of  it  of  course  is  expended  without  vouchers  or  accounts. 
Sometimes  they  receive  handsome  presents  from  foreign  govern- 
ments. One  London  detective  was  given  £2,000  in  1886  for 
information  furnished  the  Russian  Minister  which  is  said  to  have 
saved  the  Czar's  life.  The  secret  service  fund  is  a  large  one. 
Indeed  it  is  as  large  as  the  Home  Office  may  at  any  time  demand. 
In  the  years  1881-'82-'83-'84-'85,  when  dynamite  activity  was  at 
its  worst,  bills  for  "  information  "  reaching  £5,000  were  on  sev- 
eral occasions  paid,  according  to  the  statements  of  the  officers 
themselves.  Smaller  sums,  from  £100  to  £600,  are  paid  out 
freely  to  smaller  informers. 

"  It  is  a  case  of  fighting  the  devil  with  fire,"  said  Detective 
H.  Dutton,  one  of  the  Scotland  Yard  men  now  stationed  in  Dub- 
lin, to  the  writer  while  in  that  city  last  winter.  "  We  must  get 
this  information,  and  there  is  only  one  way  to  get  it  —  and  that  is 
to  buj'  it.  As  long  as  these  Irish  secret  societies  keep  up  their 
work  there  is  danger  to  life  and  property,  and  the  money  paid 


THE  DYNAMITE  WAR.  69 

Out  is  only  so  much  insurance  which  the  Government  can  well 
afford  to  give  for  comparative  security." 

"  Isn't  it  rather  expensive  .?"  I  asked  him. 

"  No.  The  amounts  paid  out  are  grossly  exaggerated.  I 
could  buy  any  information  I  wanted  about  Dublin  for  a  £20 
note.  That  is  a  heap  of  money  in  a  poor  country  and  among  a 
poor  people.  You  see,  to  do  anything  among  these  Fenians  and 
dynamiters  they  must  take  a  lot  of  men  into  the  secret.  Now,  if 
twenty  men  know  a  thing,  there  are  two  or  more  of  them  who  will 
be  willing  to  sell  it.  Of  course,  we  get  swindled  right  along;  but 
I'd  sooner  be  swindled  ten  times  than  miss  one  important  disclos- 
ure. There  never  are  big  sums  paid  out  except  in  exceptional 
cases.  A  five-pound  note  will  go  a  long  ways.  Of  course,  if 
we  have  to  uncover  a  man  and  put  him  on  the  witness  stand, 
then  we  have  to  send  him  away  somewhere  and  take  care  of  him 
afterwards  —  that  is  only  fair.  If  we  didn't  we  would  find  it 
hard  ever  to  get  any  man  to  go  into  the  box.  Even  that  is  not 
much.     A  couple  of  hundred  pounds  is  ample." 

*'  How  about  those  big  amounts  that  are  said  to  be  paid 
out?" 

"  I  never  knew  of  anything  of  the  kind  in  Ireland.  If  there 
are  any  big  payments  they  have  gone  to  America  or  Russia.  I 
believe  a  man  could  keep  his  finger  on  the  pulse  of  Irish  conspir- 
acy here  in  Dublin  and  not  spend  £3,000  in  his  natural  life.  Of 
course  state  secrets  and  military  information  cost  heavily  —  and 
from  what  I  have  heard  about  your  American  informers,  they 
come  higher  than  ours  here  in  Ireland." 

This  difference  in  the  prices  of  information  between  the  old 
country  and  America  is  corroborated  by  Mr.  Robert  Pinkerton, 
who  in  chatting  with  the  writer  on  the  subject  said:  "It  is  all 
nonsense  talking  about  the  large  sums  which  are  said  to  have 
been  paid  out  by  Scotland  Yard.  Some  eight  or  nine  years  ago 
I  was  over  there  on  business,  and  I  had  to  get  a  statement  from 
a  crooked  source.     I  expected  to  have  to  pay  about  £100  for 


70  THE  DYNAMITE  WAR. 

what  I  wanted  —  that  is  what  it  would  cost  me  here,  and  I  asked 
the  Inspector  if  that  would  be  about  right.  He  stared  at  me  in 
horror  and  threw  up  his  hands,  saying:  '  My  God,  man!  You'll 
spoil  every  thief  in  England  —  £10  is  more  than  enough  —  it 
will  be  liberal/  Of  course  they  can't  buy  what  they  want  in  this 
country  for  such  figures,  but  they  do  not  pay  much  over  there." 

The  pay  of  the  Scotland  Yard  men  proper  averages  £23,  or 
about  $115,  a  month  —  a  large  salary  for  London,  where  five 
shillings  a  day  is  considered  fair  wages  and  expert  clerks  and 
salesmen  are  glad  to  get  £10  a  month.  Besides  the  salary  there 
is  always  a  liberal  traveling  allowance,  and  all  expenses  incurred 
in  the  line  of  duty  are  paid  without  question.  Vouchers  are  sel- 
dom asked  for,  nor  even  itemized  accounts.  Sometimes  these 
expense  bills  are  heavy,  especially  when  there  are  ocean  voyages 
to  be  made.  The  ordinary  traveling  expenditure  is  about  £2  a 
day. 

As  the  secret  service  is  largely  political,  one  function  of 
Scotland  Yard  is  the  foreign  correspondence,  which  is  carried  on 
invariably  in  the  language  of  the  country  to  or  from  which  the 
letters  are  directed.  As  England's  relations  cover  the  whole 
world,  this  part  of  the  work  is  exceedingly  interesting.  Polyglot 
translators,  who  know  every  tongue  under  the  sun,  are  constantly 
at  work  turning  Russian,  Hindustani,  Persian  and  Chinese  into 
police  English,  and  vice  versa.  There  are  also  employed  expert 
cryptologists  who  are  supposed  to  be  able  to  unravel  the  blindest 
of  ciphers ;  and  it  is  a  fact  that  the  aid  of  the  English  experts  has 
been  more  than  once  called  in  by  both  Russia  and  Germany  in 
this  work.  The  cipher  used  by  Scotland  Yard  itself  is  the  old 
movable  key-word,  the  key  generally  being  the  name  of  the  place 
to  which  the  message  is  sent. 

In  1883  a  mail -bag  belonging  to  the  British  Embassy  was 
captured  and  a  number  of  cipher  messages  taken,  some  of  which 
were  afterward  printed  in  Le  Figaro  in  Paris  and  copied  into 


THE  DYNAMITE  WAR.  71 

Irish  and  English  papers.  One  of  these  cryptograms  —  to  show 
the  system  —  was  as  follows : 

"  Aaf  —  a — brntp — esghc — boa — ilaon — aiaadma — whsoop — 
euwt  —  bwpe  —  stiwdye  —  hinpfael  —  p — stoqrsp — ngu — baed — 
pnhaet  —  xp  —  astkrat  —  7500  —  msllu  ?" 

It  is  altogether  probable  that  the  words  in  this  steganograph 
have  been  divided  wrongly,  and  those  who  have  put  in  some 
time  upon  the  unriddling  of  the  letter  believe  that  the  letter  "  a  " 
is  a  non-significant,  which  has  been  used  only  for  the  purpose  of 
confusing  the  improper  inquirer. 

The  common  police  cipher  used  between  the  central  office 
and  the  lower  grade  of  officers,  constables  and  the  like  in  Eng- 
land and  Ireland  is  simplicity  itself.  It  consists  in  a  simple 
transposition  of  letters  —  for  instance,  "  h  "  for  "  k  '*  and  "  k  "  for 
"h,"  and  so  through  the  alphabet.  This  code  is  changed  the 
first  of  each  month,  and  a  new  key  sent  out  from  the  central 
offices  in  London  and  Dublin.  Almost  as  soon  as  it  is  issued  it 
falls  into  the  hands  of  the  National  League  people,  who  also  have 
their  decipherers,  and,  for  any  security  the  cipher  gives  after  the 
third  or  fourth  of  the  month,  police  messages  might  as  well  be 
written  in  ordinary  English. 

In  cabling  a  code  cipher  is  used,  which,  of  course,  defies 
unravelment.  A  specimen  of  this  steganograph  received  in  New 
York  last  winter  runs  thus : 

''  Able — desert — ocean — Chicago— manly — revolution  —  sil- 
ver— Ireland — pretense." 

All  that  is  known  about  this  dispatch  is  that  it  certainly 
came  from  Scotland  Yard  to  an  English  detective  in  New  York, 
and  that  it  preceded  by  a  few  weeks  Le  Caron's  departure  for 
London. 

Most  of  the  English  detective  work  in  America  is  done 
through  the  Pinkertons ;  but  there  are  always  three  or  four  Scot- 
land Yard  men  in  the  country  watching  the  "dynamite"  societies* 
so  called,  and  looking  after  their  Irish  friends  in  dififerent  parts  of 


72  THE  DYNAMITE  WAR. 

the  country.  These  men  are  chosen  with  great  care,  and  have 
privileges  and  pay  beyond  their  fellows.  One  of  them  who  was 
stationed  in  New  York  last  year  is  said  to  have  been  paid  $5,000; 
a  year  and  expenses.  How  thoroughly  the  preventive  work  in 
America  has  been  done  is  proven  by  the  fact  that  not  one  dyna- 
mite outrage  was  planned  or  executed  without  information  more 
or  less  full  being  cabled  beforehand  to  Scotland  Yard.  In  some 
cases  shadows  have  accompanied  the  dynamitards  from  the  quay 
in  New  York  to  the  jail  door  in  England,  as  was  the  case  with 
Dr.  Gallagher.  Through  the  same  agency  explosives  and  infernal 
machines  have  been  found  in  spite  of  the  most  ingenious  conceal- 
ment; and,  indeed,  so  nearly  omniscient  has  Scotland  Yard  been 
that  many  Irishmen  believe  that  the  detectives  themselves  have 
provided  their  own  work  and  furnished  their  own  dynamite. 

Like  many  other  detectives,  Scotland  Yard  men  will  not  hes- 
itate to  create  evidence,  if  the  testimony  is  not  otherwise  to  be  had. 
This  was  certainly  done  to  secure  the  conviction  of  Dr.  Gallagher, 
mentioned  above. 

In  the  prosecution  of  Dr.  Gallagher,  accused  of  complicity  in 
one  of  the  dynamite  outrages,  one  William  J.  Norman  was  in  the 
hands  of  the  police.  His  alias  was  "  Lynch."  He  either  was  a 
paid  spy  from  the  first,  as  many  believe,  or  he  offered  to  inform 
upon  the  Doctor  immediately  upon  his  arrest.  However  this 
may  be,  he  certainly  swore  upon  the  stand  a  series  of  perjuries  as 
to  his  connection  with  the  Fenian  society  in  America  which 
Scotland  officers  present  in  court  knew  to  be  lies,  and  which  they 
informed  their  superiors  were  lies;  but  upon  this  evidence  Gal- 
lagher was  convicted. 

The  very  moment  Inspector  Langrish  arrested  Lynch  he 
started  with  a  lie.  Inspector  Langrish's  testimony  at  the  first  ex- 
amination will  prove  this.  He  swore  that  Lynch,  at  the  station, 
said:  *'  Mr.  Fletcher  (that  is,  Dr.  Gallagher)  employed  me  to  go 
to  Birmingham  to  get  the  box,  and  Mr.  Fletcher  met  me  at  the 
station."     The  latter  statement  was  utterly  untrue.    Lynch  was 


THE  DYNAMITE  WAR.  73 

^ollott^d  from  Whiteheads,  in  Birmingham,  to  Gaston,  in  Lon- 
don, by  four  or  five  detectives,  who  were  met  at  Gaston,  by  In- 
spector Langrish  and  three  others.  Lynch  got  into  a  cab  with 
his  baggage  and  was  followed  to  his  lodgings.  Dr.  Gallagher, 
alias  Fletcher,  did  not  meet  him.  Nobody  met  him;  if  they  had 
they  would  have  been  followed,  and  at  that  time  Dr.  Gallagher's 
existence  was  unknown. 

It  was  a  statement  such  as  the  police  wanted.  They  knew  it 
was  untrue ;  they  saw  the  weak  point  of  Lynch  and  they  traded 
on  it. 

On  the  next  day,  the  11th,  Inspector  Langrish  saw  him.  The 
result  was  not  perfectly  satisfactory.  Lynch  would  not  go  far 
enough;  his  knowledge  of  Irish  societies  in  New  York  was  very 
weak,  and  his  description  of  the  working  of  one  of  them  would 
not  hold  water.  Kirton,  the  Scotland  Yard  man,  till  then  relied 
upon,  evidently  was  not  doing  *his  work  satisfactorily.  A  change 
must  be  made;  a  stronger  man  than  Kirton  must  work  up  Lynch. 
The  authorities  were  in  a  dilemma ;  a  hasty  consultation  was  held. 
The  next  day  the  prisoners  were  to  be  brought  up  before  the 
magistrate  again.  The  expose  made  by  the  Times  was  openly 
canvassed ;  in  fact,  the  situation  was  alarming.  However,  they 
were  equal  to  the  occasion.  Kir  ton's  services  were  dispensed 
with,  a  telegram  was  sent  to  Ireland,  and  the  celebrated  Jim 
McDermott — "  Red  Jim  " — was  sent  for  to  take  Lynch  in  hand, 
with  what  success  we  will  shortly  see.  A  semi-official  notice  ap- 
peared in  the  newspaper  that  Lynch  would  certainly  be  prose- 
cuted, but  that  Ainsburgh  would  in  all  probability  turn  approver 
and  appear  in  the  witness-box  for  the  Crown.  The  12th  of  April 
arrived,  and  all  the  persons  except  Kirton  went  before  the  magis- 
trate. For  the  first  time  Mr.  Poland,  the  Crown  Prosecutor, 
appears  on  the  scene.  He  addresses  the  magistrate  on  the  whole 
case.  Well  knowing  that  Lynch  is  in  the  clutches  of  the  Crown ; 
well  knowing  how  Kirton  has,  to  a  certain  extent,  failed;  well 
knowing  how  Lynch  has  written  to  Inspector  Langrish,  and  fur- 


74  THE  DYNAMITE  WAR. 

ther  Well  knowing  that  Lynch  was  a  liar,  he,  with  characteristic 
audacity,  and  in  order  to  pave  the  way  for  Lynches  evidence  and 
lies,  in  addressing  the  court  on  the  whole  case,  stated  that  he 
(counsel)  "  would  not  comment  on  the  falsehoods  told  by  Nor- 
man {alias  Lynch)  as  to  the  possession  of  the  bag."  You  were 
first,  Mr.  Poland,  to  brand  your  own  witness  as  a  liar;  you  were 
right — he  lied  from  beginning  to  end. 

On  the  same  occasion  Mr.  Poland  intimated  that  possibly  the 
charge  would  be  changed  under  the  Treason  Felony  act.  Very 
cautious  and  very  proper.  In  other  words,  if  Jim  McDermott 
succeeded  in  his  mission,  then  the  prisoners  would  be  sentenced 
for  life  instead  of  two  years.  He  did  succeed.  The  result  is 
known. 

On  the  14th  of  April  L3'nch  wrote  to  Inspector  Langrish  the 
following  letter: 

•  "  MiLLBANK,  April  14. 

"  Mr.  Langrish  :    Come  and  see  me  at  once.     Come  alone. 
"  Respectfully, 

"W.    J.    NORMAX." 

Success.  The  work  was  done.  Lynch  had  been  initiated 
into  all  the  mysteries  of  the  Fenian  Brotherhood,  and  was  an 
ardent  supporter  of  the  Irish  Republic.  Well,  he  is  not  the  first 
brother  that  has  been  initiated  in  Her  Majesty's  jails,  and  if  things 
go  on  as  they  are  he  is  not  likely  to  be  the  last. 

"Come  alone."  What  does  it  mean .?  Simply  this:  On  the 
previous  visit  of  Inspector  Langrish  he  brought  Chief  Supt.  Wil- 
liamson with  him.  This  was  not  agreeable  to  Lynch;  he  had  for 
the  last  few  days  been  in  able  hands  and  was  desirous  that  he 
should  have  a  private  rehearsal  before  he  appeared  before  the 
public.  Besides  Supt.  Williamson  is  a  man  who  has  a  nasty  way 
of  looking  at  a  witness;  but  Langrish,  God  bless  you,  a  child 
could  play  with  him. 

The  request  was  granted.  Langrish  did  come  alone.  A 
long  interview  took  place.     The  piece  was  rehearsed  with  very 


THE  DYNAMITE  WAR.  75 

fair  success;  only  one  party  had  now  to  be  satisfied — namely,  the 
Solicitor  to  the  Treasury.  He  was  communicated  with  by  the 
police  authorities,  and  on  the  Gth  a  Mr.  Pullard,  from  the  Treas- 
ury, saw  Mr.  Lynch.  The  result  was  that  Lynch  made  a  written 
statement ;  that  he  was  promised  protection  and  safe  conduct  to  a 
foreign  country  after  the  trial,  together  with  sufficient  means  to 
start  in  business;  that  he  agreed  to  appear  in  the  witness-box  on 
the  19th  for  the  Crown— which  he  did,  and  Jim  McDermott  was 
sent  back  to  Ireland  with  a  handsome  fee  for  the  great  service  he 
rendered  to  the  cause  of  law  and  order. 

It  was  well  known  that  Lynch  was  not  to  be  trusted,  and, 
although  the  above  terms  were  made  with  him,  the  grip  was  not 
relaxed,  for  when  he  appeared  on  the  19th,  and  gave  his  evidence, 
he,  too,  was  committed  for  trial,  not  for  the  treason  felony,  but 
for  a  misdemeanor — in  other  words,  he  had  to  behave  himself  and 
obey  orders. 

Nor  is  this  an  extraordinary  case,  but  it  is  ohe  which  in  some 
phase  will  be  found  associated  with  every  trial  for  treason  fel- 
ony in  which  members  of  the  Irish  secret  societies  are  concerned. 

The  Government  will  go  to  all  lengths  to  secure  convictions 
of  the  men  it  wishes  to  punish  just  as  it  will  go  to  all  lengths  to 
shield  the  men  that  it  desires  shall  escape  punishment. 

If  the  reader  can  believe  this  a  statement  born  of  partisan 
bigotry,  I  can  only  refer  him  to  the  exposures  which  are  now  rend- 
ing "respectable"  London  in  twain,  where  all  the  great  resources  of 
the  "greatest  empire  of  the  modern  world"  are  being  used  to  save 
the  heir  to  the  crown,  and  his  worthy  associates.  Lord  Ronald 
Gower,  and  the  rest  of  the  Marlborough  House  set,  from  expos- 
ure, their  crime  being,  as  all  the  world  knows,  the  same  as  that 
for  which  Sodom  and  Gomorrah  were  destroyed,  if  Holy  Writ  is 
to  be  believed. 

If  the  real  information  can  be  got,  Scotland  Yard  is  willing 
to  pay  for   it  at  the   market  rates;    under  any  circumstances 


76  THE  DYNAMITE  WAR. 

there  is  always  a  supply  to  meet  the  demand;  and  if  the  real  ar- 
ticle cannot  be  had  the  bogus  is  always  forthcoming. 

America  is  always  the  great  source  of  betrayal.  It  is  a  fal- 
low field,  and  almost  any  sort  of  revelations  are  to  be  had  here  if 
one  will  only  put  up  money  enough.  If  "outrages"  are  not  fre- 
quent enough,  even  outrages  may  by  had  c.  o.  d. 

Quite  a  number  of  American  spies  are  known  to  be  engaged 
in  the  work  of  betraying  Irish  organization  to  England;  but 
what  their  names  are,  or  what  their  work  is,  is  not  known.  If  it 
were,  much  of  it  could  easily  be  stopped. 

The  Pinkerton  Agency  is,  as  I  have  said,  the  chief  reliance 
of  the  English  Government,  but  there  are  others.  Some  of  the 
spies  are,  as  Le  Caron  was,  trusted  officials  in  the  Clan.  And  one 
of  the  chief  reasons  for  the  discontent  which  can  upon  every 
hand  be  discovered  against  the  Triangle  is  not  its  management 
of  the  Irish  revolutionary  finances,  but  its  failure  to  disembarrass 
itself  of  this  espionage. 

It  ought  to  be  an  easy  thing  to  trap  a  spy  and  expose  him  to 
the  contempt  of  the  people.  It  does  not  need  a  more  severe  penalty 
than  that.  A  series  of  decoy  disclosures  would  be  certain  to  lo- 
cate the  leak,  if  carefully  and  wisely  applied.  It  certainly  would 
seem  that  this  has  not  been  done. 

Col.  Majendie,  the  Chief  Inspector  of  Explosives,  represents 
another  function  of  the  war  against  dynamite.  This  specter,  and 
it  is  nothing  more  than  a  specter,  as  every  Irish  revolutionist 
knows,  has  furnished  him  with  a  cause  for  being,  and  for  travel- 
ing at  the  cost  of  the  British  Government.  His  function  is  a  very 
simple  one:  it  is  merely  to  declare  that  the  dynamite  used  in  the 
different  outrages  is  of  American  manufacture,  and  the  clock  work 
taken  out  of  American  clocks. 

Both  Majendie  and  Scotland  Yard  were  greatly  exercised 
over  the  jubilee  illumination,  so-called — an  episode  so  illustrative 
of  British  method  and  British  panics  that  it  merits  telling. 

The  "jubilee  illumination"  was  declared  to  be  ^  series  of 


THE  DYNAMITE  WAR.  77 

dynamite  outrages  which  the  American  Irish  were  preparing  as  a 
cynic  and  cruel  protest  against  the  general  joy  in  Victoria's  fifty 
years  of  sovereignty.  It  had  absolutely  no  foundation  in  fact 
whatever.  There  was  not  one  iota  of  reality  to  substantiate  the 
fright,  but  the  dove-cote  at  Scotland  Yard  was  fluttered,  and  de- 
tectives absolutely  worked  over  the  whole  of  America  and  France 
to  find  a  foundation  for  their  blood-curdling  romances. 

It  is  estimated  that  the  scare,  which  was  a  scare  pure  and 
simple  and  nothing  else,  cost  the  English  Government  £14,000, 
or  $70,000. 


# 


Chapter  VI. 

How  the  Clan-na-Gael  Began — The  Oath  and  the  Ritual — An  Or- 
ganization Modeled  on  the  Catholic  Church — "Who  Comes 
Here  ?" — Strength  of  the  Order— Its  Finances— The  Class  of 
Members — Is  There  an  "Inner  Circle"? — The  I.  R.  B.  in 
France — Hunting  for  the  Paris  Headquarters — The  Reorgani- 
zation— The  Triangle  and  the  Leaders — Work  with  the  Di- 
plomatists— "Where  England  Has  an  Enemy,  We  Have  a 
Friend" — Negotiation  with  Russia — Help  for  the  Mahdi — 
"Our  Allies  in  South  Africa" — Dhuleep  Singh  and  the  In- 
dian Revolt. 

^  T  has  been  stated  that  the  Fenian  fiasco  disgusted  the  more 
I  serious  revolutionists  with  that  society,  and  they  accordingly 
iil  looked  about  them  for  something  which  would  be  a  better 
vehicle  for  the  delivery  of  the  attack  which  they  desired  should 
be  made  upon  England. 

It  was  of  these  dissatisfied  Fenians  that  the  Clan-na-Gael  was 
born. 

The  words  Clan-na-Gael  mean  the  "descendants,"  or  the 
"family"  of  "Gael" — the  Irish.  Its  closest  rendering  in  English 
would  be  the  "Irish  Kinfolk." 

So  thoroughly  have  its  secrets  been  told  by  Le  Caron  to  the 
Parnell  Commission,  and  by  various  people  during  the  Cronin 
excitement  in  Chicago,  that  there  is  no  breach  of  ^confidence  in 
repeating  here  what  has  been  again  and  again  published  else- 
where. 

In  the  first  place,  the  "Clan-na-Gael"  was  nothing  more  than 
a  public  name  for  a  society  which  was  privately  known  as  the 
United  Brotherhood.  It  comprised,  and  it  comprises  even  in  its 
present  deplorably  divided  condition,  the  very  flower  of  the  Irish 
race  in  America.L^hen  you  meet  an  Irishman  or  an  Irish-Ameri- 
can, or  an  American-Irishman,  who  is  not  ashamed  of  the  race 
from  which  he  sprung  and  of  the  blood  in  his  heart,  you  may  be 
very  sure  that,  Catholic  or  not,  he  is  a  clansman."^  It  is  as  much 

(78) 


THE  DYNAMITE  WAR.  79 

a  matter  of  course  as  that  his  name  should  have  a  Celtic  extrac- 
tion. 

With  such  a  body  of  men,  numbering' thousands  upon  thou- 
sands of  the  very  best  exemplars  of  the  Gaelic  stock  on  this  side 
of  the  Atlantic,  the  reader  may  readily  understand  what  the 
scope  and  purpose  of  the  society  must  be. 

It  certainly  does  desire  the  establishment  of  a  republican 
form  of  government  in  Ireland,  and  it  will  do  what  lies  in  its 
power  to  accomplish  that  end.     That  done,  its  work  is  finished. 

Is  not  the  purpose  praiseworthy  ?  Is  there  an  American, 
worthy  of  the  name,  who  does  not  share  this  aspiration  of  the 
Clan? 

Taking  a  society  made  up  of  all  classes  of  Irish  sympathizers 
for  Ireland,  men  occupying  the  very  highest  positions  under  the 
Government,  men  prominent  in  the  law  and  leading  in  business, 
is  it  possible  to  imagine  them  guilty  of  a  cowardly  murder  ?  For 
one,  I  cannot  believe  it. 

With  much  that  the  Triangle  has  done  every  Irishman  is  dis- 
satisfied. It  never  ought  to  have  been  possible  for  Le  Carou  to 
betray  its  secrets.  It  never  should  have  been  possible  for  the 
public  mind  to  connect  the  idea  of  Irish  revolution  with  dyna- 
mite outrages,  in  which  the  lives  of  non-combatants  were  risked. 
I  do  not — and  I  believe  I  have  been  as  close  to  the  core  of  Irish 
conspiracy  as  any  outside  sympathizer — believe  that  the  Clan-na- 
Gael  had  any  complicity  in  the  explosions  in  which  the  lives  rOf 
innocent  persons  were  risked. 

The  army  and  the  navy  of  Great  Britain  are  fair  game;  so, 
too,  are  the  Irish  constabulary.  The  only  lives  at  risk  are  those 
of  men  who  are  employed  and  paid  as  the  defenders  of  English 
misrule.  I  am  frank  to  say  that  I  would  have  no  sympathy  in  any 
danger  they  might  run ;  just  as,  were  I  taken  in  an  overt  act  in 
the  fight  upon  them,  I  would  expect  no  quarter. 

But  further  than  this  no  honest  man  may  go.  Whoever  was 
responsible,  for  instance,  for  the  explosion  at  the  Tower  of  Lon- 


80  THE  DYNAMITE  WAR. 

don,  did  a  dastardly  thing,  as  well  as  a  foolish  thing,  a  thing  re- 
pudiated with  horror  by  members  of  the  Clan-na-Gael  to  my 
personal  knowledge,  and  a  crime  not  to  be  imputed  to  that  society. 
We  Irish  are  not  making  war  on  v/omen  and  children.  I  believe 
I  could  guess  very  closely  the  responsible  parties  in  the  maniacal 
attempt  which  Cunningham  and  Burton  made,  and  my  guess 
would  not  touch  anybody  even  nominally  connected  with  the 
Clan-na-Gael,  or  the  United  Brotherhood. 

The  same  is  true  of  the  other  dynamite  outrages  in  which 
the  lives  of  innocent  people  were  put  in  peril.  For  one,  I  can 
only  say  now,  as  I  have  openly  said  again  and  again,  as  one  in 
heartfelt  sympathy  with  the  most  extreme  party  of  the  Irish  revo- 
lution, if  I  knew  of  a  dynamite  plot  in  which  there  was  menace 
to  the  life  or  limb  of  any  non-combatant,  I  would  denounce  it  to 
the  English  Government  at  once.  Nor  am  I  by  any  means  alone 
upon  this  platform.  Everybody  who  knows  anything  about  the 
revolutionary  party  knows  that  it  is  the  only  principle  upon  which 
gentlemen  may  take  part  in  the  movement.     , 

I  can  understand  the  maddened  hate  of  men  who,  like 
O'Donovan  Rossa  and  his  associates,  have  felt  the  cruel  and  merci- 
less hand  of  the  British  Government  at  their  throats,  who  have 
been  forced  to  degrading  offices,  who  have  been  exposed  to  the 
petty,  but  infuriating  tyranny  of  vulgar  jailers ;  but  the  great 
body  of  the  people  of  Irish  blood  have  no  sympathy  with  their 
mad  and  unworthy  schemes  of  vengeance,  and  that  is  why  Rossa 
stands  alone  to-day,  a  discredited  man. 

The  United  Brotherhood  is  one  thing,  the  Fenian  Society 
another;  and  nobody  knows  this  better  than  Scotland  Yard, 
although  every  effort  is  made  to  confuse  the  two  in  the  public 
mind,  and  to  impute  to  the  one  the  work  of  the  other. 

The  Clan-na-Gael,  so-called,  is  an  organization  numbering  in 
its  ranks  some  40,000  of  the  best  Irishmen  who  are  to  be  found 
in  this  country.  It  is  an  oath-bound  secret  society,  with  an  open 
secret — the  founding  of  a  republic  in  Ireland. 


THE  DYNAMITE  WAR.  $1 

The  St.  Louis  Republic^  in  June,  1889,  gave  the  following 
account  of  its  inner  workings,  which  is  said  to  be  in  the  main 
correct : 

"The  real  name  of  the  society  is  not  Clan-na-Gael,  but  "United 
Brotherhood."  The  first  branch  of  the  society  was  formed  in 
Dublin.  Afterwards  it  spread  throughout  the  United  States, 
each  branch  or  section  being  given  a  number.  It  is  almost  exclu- 
sively confined  to  the  larger  cities,  Philadelphia  and  Chicago 
being  the  headquarters  in  this  country.  The  membership  of  the 
branches  or  sections  is  numerically  small,  particular  care  being 
taken  as  to  the  character  of  those  admitted.  Each  member  has  his 
individual  number,  which,  as  will  be  seen  below,  he  gives  as  a 
password  before  being  admitted  to  any  of  the  meetings.  The 
candidate  for  admission  takes  a  solemn  oath  never  to  reveal  what 
occurs  at  tke  meetings,  nor  the  names  of  any  of  the  members.  He 
is  informed  that  the  brotherhood  is  composed  of  Irishmen 
banded  together  to  free  Ireland,  the  first  necessary  step  for  which 
is  secrecy,  without  which  they  believe  that  defeat  will  cloud  their 
brightest  efforts.  'They  therefore  shall  hesitate  at  no  sacrifice  to 
maintain  it! ' 

"The  strictest  precautions  are  taken  to  guard  against  the  ad- 
mission of  any  who  might  seek  to  enter  it  for  the  purpose  of  be- 
traying the  society's  secrets.  Each  candidate  is  required  to  swear 
that  he  entertains  no  mental  reservations,  and  that  he  is  not  bound 
by  any  previous  oath  to  expose  anything  relative  to  the  order. 

"The  object  of  the  society  is  to  establish  a  republican  form  of 
government  in  Ireland,  and  any  member  violating  his  duty  is 
warned  that  he  is  deserving  of  the  severest  punishment.  He  is 
solemnly  adjured  to  keep  all  secrets  as  he  values  his  life,  and  at  the 
hazard  of  his  life.  A  sword  is  used  in  the  ceremony  of  initiation 
to  signify  that  force  alone  can  accomplish  the  society's  aims." 

As  important  names  and  the  titles  of  oflScers  are  designated 
by  cipher  initials,  the  following  key  is  furnished: 

S.  G. — stands  for  Senior  Guardian. 


82  THE  DYNAMITE  WAR. 

J.  G. — Junior  Guardian. 

V.  C— -United  Brotherhood. 

Brd — Brotherhood. 

D.  (alone) — Brother;  also  Company  (or  Camp). 

S. — Senior. 

Jsfmboe — Ireland. 

Fohmboe — England. 

Jsjti — Irish 

Jsjtinfo — Irishmen. 

P.  G. — Past  Guardian. 

C. — Commander. 

p._Order. 

J.  S.  C. — Irish  Revolutionary  Brotherhood. 

P.  S. — Open  Sesame. 

F.  C. — Fenian  Brotherhood. 

It  will  be  noticed  that  the  simple  device  of  using  the  alpha* 
betical  letter  next  succeeding  the  real  one  is  used  to  afford  neces- 
sary concealment  and  protection  in  case  of  discovery. 

Thus: 

Fohmboe — England. 

Jsjtinfo — Irishmen. 

Jsfmboe — Ireland. 

V.  C— U.  B. 

In  the  oath  the  candidate  solemnly  pledges  himself,  under 
penalty  of  death,  ""  to  keep  strictly  secret  the  names  and  everything 
connected  with  this  Ce  from  all  not  entitled  to  know  such  secrets.^' 

"It  is  one  of  the  strongest  organizations  in  the  world,"  the 
Republic  continues,  "and  having  for  its  aim  the  overthrow  of 
English  government  in  Ireland,  by  violence  pure  and  simple,  it  is 
an  organization  dealing  death  to  traitorous  members,  as  well  as 
to  its  enemies." 

Members  of  the  brotherhood  are  expressly  forbidden  to  speak 
of  the  society  to  outsiders,  to  admit  they  are  members  of  it,  or  to 
refer  to  others  whom  they  know  to  be  fellow  workers. 


THE  DYNAMITE  WAR.  83 

Without  further  preface  the  constitution  and  by-laws  are  given: 
The  Constitution. 

organic  law  of  the  clan-na-gael the  oath  of  death, 

On  the  first  page  are  the  words : 


Ritual.  : 

Declaration  of  Principles.    : 


On  the  next  page  occurs  the  following  diagram: 

DIAGRAM  SHOWING    POSITION  OF  OFFICERS. 


:  5  : 

(7) 

:   1   : 

:  6  : 

(8) 

..:;!         : 

11 

'                        §    *  ^ 

(9) 

•••••• 

:  2  :  , 

(9) 

:Vo": 

•           • 

84  THE  DYNAMITE  WAR. 

"1.  S.  G. — Green  and  Yellow  Badge,  White  Pendants. 
"2.  J.  G. — Green  and  White  Badge,  Yellow  Pendants.  ' 

"3.  P.  G. — Blue  Badge,  Yellow,  Green  and  White  Pendants. 
"4.  Treasurer — Green  Badge,  Yellow  and  White  Pendants. 
"5.  Rec.  Sec— Green  Badge,  Yellow  and  White  Pendants. 
"6.  Fin.  Sec. — Green  Badge,  Yellow  a»d  White  Pendants. 

" Trustees — Green  Badge,  Yellow  and  White  Pendants. 

^'7.  C— Green  Badge. 
"8.  W.-— Green  Badge. 
"9  9.  Tellers.— Green  Badge. 
**10.  Sent— Green  Badge. 

"11.  Center  Table — Draped  with  a  Green,  White  and  Yel- 
low Flag. 

OPENING. 

"When  the  S.  G.  takes  his  place,  S.  closes  the  door,  officers 
assume  their  positions.  Vacancies  are  filled  by  appointment  of  S.  G. 

*'^.  G. — (One  rap.)     'Warden,  examine  those  present.* 

"Warden  gives  S.  G.  the  P.,  then  takes  it  from  R.  S.  and 
then  proceeds  from  the  right  on  his  circuit  of  examination.  As 
W.  approaches  a  member,  the  latter  will  rise,  extend  the  right 
hand  to  W.,  and  whisper  the  P.  Those  found  without  the  P. 
will  be  directed  by  W.  to  retire  to  the  ante-room.  When  D.  ts 
examined,  and  all  inside  are  correct,  the  W.  proceeds  to  center 
table  and  reports: 

"W.— *S.  G.,all  present  are  V.  C*s.' 

"/^.  G^.— (Two  raps.)  'This  D.  of  the  V.  C.  will  come  to 
order.     J.  G.,  what  are  the  duties  of  your  position  ?' 

"eT".  G. — 'To  assist  you  in  the  duties  of  your  office,  take 
charge  of  the  D.  in  your  absence,  and  observe  that  none  enter 
this  D.  except  in  the  proper  manner.* 

"6".  G. — 'S.,  what  are  your  duties?' 

"<S'. — 'To  carefully  guard  the  approaches  to  this  D.;  to  allow 
none  but  worthy  members  of  the  order  to  enter,  and  to  warn  the 
D.  against  intrusion  or  betrayal.' 


THE  DYNAMITE  WAR.  85 

")S'.  G. — 'OflScers  and  Brothers :  Be  mindful  of  the  grave 
responsibilities  and  duties  imposed  on  each  and  every  one  of  us, 
and  let  not  the  cause  of  our  country,  or  the  interests  of  the  V.  C, 
suffer  through  any  want  of  attention,  and  God  will  bless  our  work 
and  make  this  D.  serviceable  to  the  Cause,  and  honorable  to  our 
race.' 

"Religious  and  political  discussions  are  strictly  prohibited, 
as  injurious  to  the  interests  of  the  V.  C. 

ORDER    OF    BUSINESS. 

"1.  Warden's  Examination. 

"2.  Opening. 

"3.  Reading  Minutes  of  previous  Meeting. 

«4.  Roll  Call  of  Officers. 

"5.  Initiation. 

"6.  Reception  of  Committee  Reports  on  Candidates. 

"7.  Balloting  for  Candidates. 

"8.  Propositions  for  Membership. 

"9.  Reports  of  Committees  and  Officers.  Reading  Docu- 
ments. 

"10.  Collection  of  Dues  and  Fines  (always  in  order). 

"11.  Unfinished  Business. 

"12.  New  Business. 

"13.  Good  of  the  Order. 

"14.  Roll  Call. 

"15.  Receipts  of  the  Evening. 

"16.  Closing. 

"The  W.  is  the  assistant  of  the  S.  G.  in  supervising  the  order 
and  safety  of  the  D.,  and  when  it  is  necessary  to  remove  a  brother 
from  the  room,  he  will  do  it.  In  case  assistance  is  necessary,  he 
will  detail,  quietly,  as  many  brothers  to  assist  him  as  necessary. 
The  S.  G.  may  remove  any  of  the  appointed  officers,  who  consti- 
tute his  staff,  at  any  time,  and  appoint  others  to  fill  their  posi- 
tions. 


86  THE  DYNAMITE  WAR. 

INITIATION. 

"Perfect  silence  must  prevail  during  the  initiation.  The  C, 
having  previously  ascertained  that  candidates  are  waiting,  and 
having  so  advised  the  S.  G.,  the  latter  shall  say: 

"  'C,  proceed  to  the  ante-room  and  interrogate  the  candi- 
dates.* 

"The  C.  then  retires,  and  he  will  ask  the  candidates  the  fol- 
lowing questions  in  their  proper  order: 

"(7. — 'What  is  your  name,  age,  birthplace,  address,  occupa- 
tion?" ' 

"Replies  to  these  questions  shall  be  noted  down  and  reported 
to  D.  and  R.  S. 

"C — 'Do  you  believe  in  a  Supreme  Being  ?  Answer  "Yes** 
©r  '-No.'*  * 

"C — 'Understanding,  as  you  do,  that  the  object  of  this  or- 
ganization is  the  freedom  of  Jsfmboe,  will  you  take  our  obligation 
without  mental  reservation?    Answer  "Yes'*  or  "No."  * 

"If  satisfactory  answers  are  received,  0.  shall  return  and  re- 
port the  names,  etc.,  to  the  S.  G.,  who  shall  say: 

"/S.  G. — 'Prepare  the  candidates  and  present  them.* 

"The  C.  shall  then  obtain  his  sword,  retire  to  the  ante-room, 
and  blindfold  the  candidate.  He  will  then  give  three  knocks  at 
the  door,  as  a  signal  for  his  associates  to  retire,  one  assistant  con- 
ductor being  selected  for  each  candidate,  who  shall  take  position 
on  his  right.  The  C.  shall  direct  the  march,  and  shall  statioji 
himself  at  the  head  of  the  escort.  At  the  entrance  door  he  shall 
give  three  knocks  with  the  sword.  The  door  having  been  opened, 
the  escort  shall  pass  inside,  when  the  door  shall  be  closed.  When 
the  escort  has  advanced  three  paces,  the  S.  hails  the  C.  abruptly, 
thus : 

"aS.^ — 'Halt,  who  thus  intrudes  ?  *     (Escort  halts.) 

"(7. — 'Friends  who  desire  to  unite  with  us  in  the  Cause  of 
Jsfmboe.* 


THE  DYNAMITE  WAR.  87 

"iS.  (to  S.  G.) — ^Friends  of  Jsjti  freedom!  shall  I  permit 
them  to  proceed  ? ' 

*'  S.  G. — '  Advance,  friends.* 

"  C.—'  Forward  !  March  ! ' 

"  The  C.  shall  lead  the  escort  to  the  center  of  the  room,  and 
when  he  has  approached  to  within  three  paces  of  the  S.  G.'s  desk, 
the  S.  G.  shall  give  one  rap,  as  a  signal  to  halt,  the  <rap 
to  be  repeated  by  the  J.  G.  The  C.  shall  command  *  Halt  1 ' 
The  candidate  shall  be  aligned  by  the  assistant  conductors,  facing 
the  S.  G.  C.  shall  strike  the  desk  with  the  flat  of  the  sword,  and 
report  as  follows  : 

C. — '  I  present  to  you  these  friends,  who  seek  fellowship 
and  instruction.' 

"  The  S.  G.  shall  then  address  the  candidates  in  these  words: 

"  S,  O. — *  Friends  :  You  are  now  within  these  secret  walls. 
We  charge  you  never  to  make  known  to  any  one  outside  these 
walls  any  words  you  may  hear  spoken,  or  any  acts  that  may  be 
performed,  or  any  other  matter  or  thing  relative  to  this  C'e,  even 
though  you  decline  at  this  or  any  other  stage  of  the  proceedings 
of  initiation  to  become  a  member ;  neither  must  you  make  known 
to  any  person  or  persons  outside  these  walls  the  names  of  any 
one  you  may  have  seen  or  recognized  by  his  voice. /IVe  have  all 
taken  a  solemn  and  binding  oath,  as  members  of  tto  C'e,  which 
we  require  you  to  take  before  being  admitted  to  light  and  mem- 
bership in  our  order.  It  is  an  oath  which  does  not  conflict  with 
the  duty  we  owe  to  God,  to  our  country,  or  to  our  neighbors. 
Are  you  willing  to  take  this  oath  ? ' 

"  The  candidate  or  candidates  shall  answer  '  Yes '  or  *  No/ 
[Should  a  negative  answer  be  given,  or  should  the  candidate 
insist  on  withdrawing  at  any  time  during  initiation,  he  shall  be 
required  to  take  a  solemn  pledge  of  secrecy  in  regard  to  the  C'e 
and  its  existence.]  Should  the  answer  be  in  the  affirmative,  the 
S.  G.  shall  say  to  the  C. : 

"  'Conduct  our  friend  to  the  examiner.' 

"  C,  in  leading  the  escort  to  the  chair  of  the  P.  G.,  will  act 
as  before  the  S.  G.,  and  report  thus: 


88  THE  DYNAMITE  WAS; 

"  *  Friends  for  instruction!  * 

"The  P.  G.  shall  then  speak  as  follows i 

"  'You  have  come  within  the  walls  of  our  C'e,  offering  your- 
self (or  selves)  for  affiliation  with  us.  The  men  who  surround 
you  have  all  taken  the  obligations  of  our  order,  and  endeavor  to 
fulfill  their  duties.  These  duties  must  be  cheerfully  complied 
with,  or  not  at  all  undertaken.  "We  are  Jsjti  men,  banded 
together  for  the  purpose  of  freeing  Jsfmboe,  and  elevating  the 
position  of  the  Jsjti  race.  The  lamp  of  the  bitter  past  plainly 
points  out  our  path,  and  the  first  step  on  the  road  to  Freedom  is 
Secrecy.  We  believe  that,  destitute  of  secrecy,  defeat  shall  again 
cloud  our  brightest  hopes,  and,  believing  this,  we  shall  hesitate  at 
no  sacrifice  to  maintain  it.  Be  prepared,  then,  to  cast  aside  with 
us  every  thought  that  may  impede  the  growth  of  this  holy  feel- 
ing among  Jsjtimfo,  for  once  a  member  of  the  Br'd,  you  must 
stand  by  its  watchword  of  Secrecy,  Obedience  and  Love.  With 
this  explanation,  are  you  prepared  to  take  our  obligation  and 
perform  its  duties  ?    "  Yes  '*  or  *'  No."  ' 

"  The  P.  G.  shall  then  ask  the  candidates  the  following 
questions : 

"  P.  O. — '  Are  you  boijnd  by  any  oath,  obligation  or  agree- 
ment to  expose  to  any  persons  or  authority,  anything  you  may 
know  or  learn  relative  to  this  order  ?     Answer  "  Yes  "  or  *  No."  * ' 

"If  the  answer  is  correct,  that  is  in  the  negative,  the  P.  G.. 
shall  order  the  C.  as  follows: 

"  '  Conduct  our  friends  to  the  proper  officer  for  obligation.* ' 

"  After  marching  in  front  of  the  J.  G.,  the  C.  shall  halt  the 
escort,  and  give  two  raps  with  the  sword.  The  S.  G.  shall  then 
give  two  raps.  The  Testament  shall  then  be  placed  in  the  right 
hand,  while  the  J.  G.  administers  the  following  obligation: 

"  J.  O. — '  I  [name  in  full]  do  solemnly  swear,  in  the  presence 
©f  Almighty  God,  that  I  will  labor,  while  life  is  left  me,  to  estab- 
lish and  defend  a  Republican  form  of  Government  in  Jsfmboe, 
that  I  will  keep  strictl}^  secret  the  name  and  everything  connected 
with  this  C'e  from  all  not  entitled  to  know  such  secrets ;  that  I 


THE  DYNAMITE  WAR.  89 

will  obey  and  comply  with  the  Constitution  and  Laws  of  the  C'e, 
.and  that  I  will  faithfully  preserve  the  funds  of  the  C'e  for  the 
(Cause  of  Jsjti  Revolution  alone,  as  specified  in  the  Constitution; 
that  I  will  deem  it  my  special  duty  and  mission  to  promote  and 
foster  sentiments  of  Union,  Brotherly  Love  and  Nationality 
among  all  Jsjtinfo;  that  I  take  this  obligation  without  any  men- 
tal reservation,  holding  the  same  forever  binding  upon  me,  and 
that  any  violation  thereof  or  desertion  of  my  duty  to  the  Br'd,  is 
infamous  and  meets  the  severest  punishment — So  help  me  God.* 

"  J.  G. — '  Kiss  the  book.  Admit  the  brothers  to  light  and 
fraternity.' 

'•The  Assistant  Conductors  then  retire;  the  C.  faces  candi- 
dates towards  the  S.  G. 

"  Brothers  all  raise  their  right  hand  and  say :  '  We  are  all 
witnesses  to  the  obligation  you  have  taken.*  (7. — 'Keep  it  as 
you  value  your  li^e.'  J.  G. — 'Keep  it  at  the  hazard  of  your 
life.* 

"  The  J.  G.  will  then  address  the  candidates  as  follows: 

*'  'Brothers  :  You  have  to-night,  of  your  own  free  will,  sworn 
to  be  true  to  Jsfmboe,  to  the  C'e,  to  the  race;  that  oath  must  be 
kept  in  letter  and  spirit.  While  you  respect  it  those  around  you 
will  be  your  friends.  Let  your  conduct  then  be  such  that  we 
shall  liave  no  reason  to  regret  admitting  you  this  night  to  our 

*'  J.  G.  (to  C.)— '  Conduct  the  brothers  to  S.  G.* 
"  The  S.  G.  greets  the  new  brothers  by  shaking  hands,  and 
will  address  them  as  follows : 

"'Brothers:  In  the  name  of  Jsfmboe,  I  greet  you  and 
welcome  you  to  our  ranks.  The  forms  used  in  your  initiation, 
although  simple,  are  significant.  You  were  blindfolded  to  screen 
our  members  from  exposure  to  strangers.  The  sword  used  is  to 
impress  upon  you  that  the  freedom  of  Jsfmboe  can  be  secured  by 
force  alone,  and  that  our  duty  is  to  nerve  and  strengthen  our- 
selves to  wrest  by  the  sword  our  political  rights  from  Fohmboe. 


90  THE  DYNAMITE  WAR. 

Your  restoration  to  light  and  freedom  is  typical  of  the  object 
which  this  C'e  is  sworn  to  obtain  for  our  country.  May  God 
strengthen  you  to  work  with  zeal  and  fidelity  in  the  cause  whose 
duties  you  have  undertaken.  Be  mindful  to  make  that  sacred 
cause  the  symbol  of  Union  and  Fraternity ;  cast  aside  all  petty 
jealousies  and  sectional  views,  with  one  object  ever  in  your  mind 
— Jsjti  independence. 

Instructions  to  Candidates. 

I. NAME. 

"  The  name  of  this  organization  is  the  V.  C.  Its  local  sub- 
divisions are  styled  D's,  and  are  known  by  their  number.  This 
is  D.  No.  — .  The  leading  object  of  the  V.  C.  is  to  co-operate 
with  the  J.  S.  C.  in  securing  the  independence  of  Jsfmboe,  and' 
the  special  object  to  secure  the  union  of  all  Jsjti  Nationalists. 
As  it  is  essential  to  the  safety  and  efficient  working  of  our  organ- 
ization to  preserve  the  strictest  secrecy  in  reference  to  it,  you 
will  never  mention  the  name  of  the  V.  C,  or  anything  connected 
therewith,  to  any  one  whom  you  do  not  know  to  be  a  member 
thereof.  Should  you  desire  to  secure  some  worthy  person  for 
membership,  you  will  first  have  him  proposed,  and  if  elected,  then 
indirectly  ascertain  his  sentiments  on  the  subject  of  secret  Jsjti 
National  organizations ;  and,  should  his  views  be  favorable,  you 
might  then  intimate  there  is  a  secret  organization  in  existence 
working  for  Jsjti  Liberty ;  and  if  he  appears  inclined  to  join  it, 
you  may  admit  you  are  a  member  of  it,  and  that  you  can  secure 
his  admission  therein;  but  no  further  information  must  you  con- 
vey, nor  use  the  name  of  any  person  connected  with  C'e. 

II. ENTRANCE. 

"When  entering  a  D.  (if  in  session),  you  are  hailed  by  the 
outside  S.  with  the  '  hailing  sign,'  which  you  answer  before  pass- 
ing to  the  inner  door.  On  arriving  at  the  inner  door  you  give 
two  distinct  knocks  at  the  door,  which  are  answered  by  the  Sen- 
tinel, and  when  he  opens  the  slide,  he  hails, '  Who  comes  there  ? ' 


THE  DYNAMITE  WAR.  91 

This  you  answer  by  giving  your  number  and  D.,  which  he 
announces  to  the  J.  G-.,  who  directs  him  to  admit  you,  if  correct; 
you  next  give  him  the  P.  S.  in  full.  Upon  being  admitted,  you 
proceed  at  once  to  the  center  of  the  room,  face  the  S.  G.,  raise 
your  right  hand,  announce  your  number,  which  when  he  notices, 
you  take  your  seat.  Should  the  S.  G.  be  occupied,  face  the  J.  G-. 
and  do  the  same.  The  object  of  this  is  to  bring  the  attention  of 
the  brothers  present  upon  you,  to  guard  against  the  possibility  of 
any  unworthy  person  securing  admission,  and  also  to  remind  you 
of  the  obligation  of  membership  which  you  have  just  taken,  and 
by  which  you  were  admitted  to  fellowship  amongst  us. 

III. HAILING    SIGNS    AND    TEST-WORDS. 

"  (The  S.  G.  will  here  describe  the  mode  of  recognition 
prescribed  by  the  F.  C.) 

IV, VOTING. 

"  All  voting  for  candidates  and  officers  is  done  by  ballot. 
Three  black  balls  reject  any  candidate  for  membership.  In 
proceeding  to  cast  your  ballot,  you  stand  in  front  of  the  ballot- 
box,  facing  the  S.  G.,  raise  your  right  hand,  and  announce  your 
number,  to  remind  you  that  by  your  oath  you  must  exercise  your 
privileges  of  voting  fearlessly  and  impartially,  neither  permitting 
yourself  to  be  influenced  by  motives  of  friendship  or  personal 
prejudices  in  reference  to  any  candidate.  Other  voting  is  done 
by  raising  the  right  hand,  on  motion  put  by  the  S.  G.  from  the 
chair. 

V. — p.  w. 

"  The  P.  is  never  to  be  spoken  above  breath,  nor  given  to 
any  one  except  the  S.  at  the  door,  and  the  W.  at  the  opening  of 
D.  (complete  P.  to  be  given  to  W.),  neither  must  you  give  it  to 
any  brother,  under  any  circumstances,  should  he  forget  it. 

VI. GAVEL. 

"  When  one  stroke  of  the  gavel  is  given  by  S.  G.,  all  present 
maintain  perfect  silence  and  pay  strict  attention  to  whatever  is 


92  THE  DYNAMITE  WAR. 

transpiring.  At  'two  raps'  of  the  gavel  every  brother  at  once 
rises,  and  will  remain  standing  until  'one  rap'  is  given  as  a  signal 
to  sit  down. 

VII. NAMES. 

"  Each  brother  is  distinguished  and  known  by  his  number, 
which  you  will  receive  from  the  R.  S.  Should  you  offer  a  mo- 
tion, or  take  part  in  any  debate,  you  will  preface  your  remark  by 
holding  up  your  right  hand,  addressing  the  S.  G.,  and  stating 
your  number. 

CAUTION. 

Be  careful  you  do  not  make  improper  use  of  these  instruc- 
tions, and  let  not  the  cause  of  your  country  or  the  interests  of 
the  V.  C.  suffer  through  any  want  of  prudence,  perseverance  and 
courage  on  your  part,  while  traveling  onward  on  the  path  to 
Freedom.     [Two  raps.] 

"'Brothers:  I  am  happy  to  introduce  to  you  our  new 
brothers.'     [One  rap.] 

"The  P.  will  be  given  privately  by  the  S.  G.  to  new  brothers, 
when  convenient,  before  adjournment  of  D. 

CLOSING. 

"  When  the  Order  of  Business  is  passed  through,  the  S.  G. 
gives  two  raps. 

*'  JS,  O. — '  Brothers:  Our  work  for  this  night  is  performed. 
We  part  as  we  met,  in  a  spirit  of  unity  and  brotherly  love — prin- 
ciples that  should  actuate  us  continually  as  Jsjti  revolutionists. 
We  again  separate  to  mingle  with  the  outside  world.  Let  us  bear 
with  us  a  vivid  recollection  of  our  mission — to  heal  the  wounds 
of  the  past,  and  open  the  prospects  of  a  glorious  future,  by  coun- 
seling and  practicing  love  and  fraternity  among  the  exiled  chil- 
dren of  our  land.  Until  we  meet  again,  secrecy  as  silent  as  that 
of  the  tomb  must  guard  the  knowledge  we  possess ;  and,  amid  the 
vicissitudes  and  toils  of  life,  never  forget  that  Jsfmboe  has  in- 
trusted her  safety  to  us,  and  expects  a  faithful  fulfillment  of  our 


THE  DYNAMITE  WAR.  93 

pledges.     This  D.  stands  adjourned,  to  assemble  on evening 

next.'     [One  rap.] 

INSTALLATION. 

*»  The  S.  G.  obligates  the  officer-elect.  At  installation  the 
S.  G.  and  J.  G.  will  first  present  themselves  before  presiding 
officer  for  obligation.  In  case  of  re-election,  the  position  will  be 
temporarily  filled  by  brothers  appointed  by  S.  G.  The  Treasurer, 
R.  S.,  F.  S.  and  Trustees  will  be  obligated  together,  after  S.  G. 
and  J.  G.  are  obligated  and  inducted.  After  the  administration 
of  oath,  the  new  officers  will  be,  in  turn,  conducted  by  C.  to  their 
respective  positions,  where  they  will  be  greeted,  and  inducted  in 
their  chairs  by  retiring  officers,  who  will  impart  to  them  instruc- 
tion relative  to  duties  of  the  position  and  transfer  the  property, 
etc.,  pertaining  to  the  office.  All  oaths  to  be  administered  in  the 
V.  C,  with  members  standing. 

OBLIGATION   FOR   S.    G.    AND   J.    G. 

" '  I,  [name],  solemnly  swear  to  discharge  the  duties  of  Guar- 
dian of  this  D.  to  the  utmost  of  my  ability.  That  I  will  fulfill 
and  enforce  the  spirit  and  letter  of  the  Constitution,  By-Laws, 
and  of  the  C'e,  with  all  the  authority  vested  in  me,  without  fear 
or  favor.  That  I  will  obey,  respect  and  uphold  the  authority, 
orders  and  instructions  of  the  F.  C,  and  cause  the  C'e  of  this  D. 
to  do  likewise.     So  help  me  God.' 

OBLIGATION   FOR   OTHER   OFFICERS. 

"'I,  [name],  solemnly  swear  to  discharge  the  duties  of  my 
office  to  the  utmost  of  my  ability.  That  I  will  faithfully  protect 
all  records  and  property  of  C'e  entrusted  to  my  care,  and  that  1 
will  promptly  transfer  to  my  successor,  or  those  legally  author- 
ized, everything  belonging  to  the  V.  C.  in  my  custody.  So  help 
ME  God.* 

GENERAL    REMARKS. 

"  The  efficacy  of  D. — the  utility  of  the  ceremonies  of  initia- 
tion— depend  entirely  on  the  ability  with  which  officers  render 


94  THE  DYNAMITE  WAR. 

their  part  of  the  workings.  Officers  should  commit  to  memory 
their  iShare  of  the  Ritual.  It  is  an  indispensable  qualification  for 
the  positions  of  S.  Gr.,  J.  G.  and  P.  G.,  that  members  holding  or 
aspiring  to  such  offices  should  be  good  readers,  capable  of  deliver- 
ing their  part  in  an  impressive,  animated,  but  not  hurried  manner, 
making  it  evident  that  they  understand  what  they  are  teaching, 
and  that  they  feel  the  importance  of  the  sentiments  they  have  to 
convey.  D's  may  elaborate  Ritual  with  appropriate  vocal  and 
instrumental  music  (at  opening  and  closing)  where  local  oppor- 
tunity and  available  musical  talent  will  permit.  The  use  of  trian- 
gles by  S.  G.  and  J.  G.  will  be  found  impressive  in  Initiation  by 
those  officers  alternately  strijiing  the  same  in  slow  time,  during 
walking  of  candidates.  The  ceremony  of  Initiation  should  be 
made,  as  it  is  intended,  a  source  of  continual  instruction  and 
interest,  and  not  turn  it  into  a  meaningless  or  tiresome  formula, 
by  incompetency  or  carelessness  of  officers.  The  object  of  the 
ceremony  is  as  much  to  impress  the  old  members,  refreshing  their 
minds  with  their  obligations  and  the  principles  of  the  Order,  as  to 
instruct  candidates,  who  usually  fail  to  comprehend,  from  tempo* 
rary  confusion  natural  in  their  progress  through  Initiation,  all 
that  is  conveyed  them;  but  in  participating  in  and  observing 
subsequent  Initiations,  they  will  gradually  acquire  that  perfect 
knowledge  of  the  scowe  and  discipline  of  the  V.  C.  which  every 
member  must  have. 

"The  P.  G.  may  be  elected  to  that  position  or  the  Treasurer 
may  fill  the  position,  in  case  -there  is  no  past  S.  G.  willing  to 
accept.  The  position  confers  no  executive  or  administrative 
powers. 

"S.  G.'s  should  urge  on  competent  members  the  impor- 
tance of  learning  the  duties  and  parts  of  S.  G.,  J.  G.  and  P.  G.,  so 
that  no  impediment  to  the  efficient  operation  of  Ritual  may  be 
occasioned  by  vacancies.  Officers  should  make  themselves 
familiar  with  the  rules  in  the  Constitution,  By-Laws  or  Workings^ 
relative  to  any  and  all  their  duties,  at  the  D.  of  Instruction,  to  be 


THE  DYNAMITE  WAR.     *  95 

questioned  in  regard  to  those  duties  imposed  by  the  Laws  and 
Rules  of  the  V.  C,  so  that  there  can  be  no  justification  for 
pleading  ignorance  in  extenuation  of  neglect  of  duty. 

"At  'Good  of  the  Order,*  the  consideration  of  means  of 
extending  the  Br'd  and  its  influence  will  be  proper,  and  the  hold- 
ing of  literary  or  social  exercises  as  may  be  found  instructive, 
dignified  and  entertaining.'* 

This,  so  far  as  it  has  been  published  at  any  rate,  is  the  whole 
of  the  secret  working  of  the  Clan.  Can  any  one  find  anything 
murderous  or  un-American  in  it.^* 

According  to  the  London  Times,  however,  the  activity  of 
the  U.  B.  has  manifested  itself  in  all  sorts  of  uncomfortable  ways 
in  the  diplomacy  of  the  Continent. 

Le  Caron  swore  that  Senator  Jones,  of  Florida,  was  the  go- 
between  who  attended  to  the  negotiations  between  the  Clan  and 
the  Russian  Minister  at  "Washington.  The  Daily  Telegraph  sol- 
emnly declared  that  the  Clan  was  helping  the  Mahdi  in  the 
Egyptian  war  by  furnishinghim  with  cannon  and  military  stores. 
In  South  Africa  the  Boer  war,  in  which  several  Irish-American 
volunteers  appeared  on  the  side  of  the  successful  rebels,  had  its 
own  history,  of  which  England  apparently  did  not  like  the  read- 
ing, and  last  and  worst  of  all,  it  was  the  Clan,  according  to  the 
Times,  which  has  carried  off  the  Indian  Prince,  Dhuleep  Singh, 
and  made  him  an  ally  of  Russia  instead  of  a  tool  and  poor  pen- 
sioner of  England.  Dhuleep  Singh's  inflammatory  appeal  to  his 
countrymen  to  be  men  is  not  the  least  crumpled  of  the  rose 
leaves  in  the  bud  of  English  diplomacy,  and  to  the  Clan  is  im- 
puted all  the  unrighteousness  of  his  change  of  base. 


Chapter  VII. 

"Parnellism  and  Crime"— The  London  Times*  Attack — Its  Pur- 
pose and  its  Scope — The  Irish  Question  in  English  Politics — 
The  Forged  Letters — The  Charges  against  Parnell — The 
Parnell  Commission — Importance  of  the  Result — Egan  and 
the  Forgeries — Running  down  the  Criminals — Priming  a 
Bombshell — The  Times'  Case — Help  from  the  Government 
— Parnell's  "r"— Pigott  Broken  Down— His  Flight  and 
Suicide. 

>HERE  were  thus  two  great  movements  running  side  by  side 
among  the  Irish  people, » the  one  constitutional,  the  other 
secret  and,  if  you  will,violent.  The  first  relied  upon  an  appeal 
to  the  innate  sense  of  justice  of  the  English  people ;  the  other 
candidly  avowed  its  belief  that  no  such  sentiment  could  be  found 
in  the  English  heart.  The  one  was  for  a  settlement  of  the  Irish 
question  at  the  ballot-box ;  the  other  for  a  settlement  in  the  field- 

In  the  ranks  of  one  were  to  be  found  the  conservative  element 
of  the  Irish  almost  to  a  man,  and  the  Bishops  and  priests  of  the  new 
Irish  church ;  with  the  other  were  the  radicals  and  the  exiles,  the 
men  who  refused  to  believe  that  anything  good  could  come  out 
of  Britain,  and  who  felt,  with  a  strong  conviction,  that  their 
Irish  kin  were  pursuing  a  shadow  in  their  chase  after  parliamentary 
justice. 

Each  party  had  this  much  in  common,  that  a  sincere  and 
loyal  desire  to  do  the  best  thing  for  Ireland  that  could  be  done 
was  the  animating  purpose  of  either,  but  they  differed  radically 
as  to  their  means  and  as  to  their  end. 

From  all  that  I  have  been  able  to  learn  from  a  somewhat 
close  study  of  the  Irish  question  in  Ireland,  I  have  become  satisfied, 
much  to  my  own  private  disappointment,  that  with  seventy  per 
cent  of  the  people,  if  not  more,  an  Irish  parliament  is  the  limit  of 
their  national  aspirations.  The  desire  to  break  entirely  the  nexus 
between  Ireland  and  England  is  rather  Irish- American  than  Irish; 
and  upon  a  little  reflection  it  will  be  seen  why  this  must  be  so* 

(96) 


Sir  Charles  Russell. 


(97) 


98  THE  DYNAMITE  WAR. 

The   heart  and   soul   of   the  Irish-American  revolutionary 
party  are  the  old  Fenians  who  left  Ireland  in  a  time  of  national 
hate,  when  race  prejudice  ran  to  its  very  highest,  and  when  Celt 
and  Saxon  were  at  a  crisis  point  of  exacerbated  feeling.     These 
men  have  been  marking  time  ever  since   rather  than  going  for- 
ward, while  the  people  at  home  have  passed  into  new  conditions, 
the  meaning  of   which  is  not  thoroughly  appreciated  upon  this 
side  of  the  water.     There  certainly  has  been  an  approach  to  good 
j    feeling  between  the  Irish  and   English  democracies,  as  every  one 
I    with  eyes  can  see.     No  ovation  could  be  more  hearty  than  that 
»  given  to  William  O'Brien  in  Manchester  after  his  escape  from  the 
police   at   Carrick-on-Suir ;    none    more   sincere    than    Davitt*s 
reception  whenever  he  comes  upon  an  English  platform. 

Perhaps  the  Irish  in  Ireland  are  right.  At  any  rate  they  ask 
their  American  kin  to  trust  them  and  wait.  Here  were  the 
irreconcilables;  there  the  men  carrying  on  a  most  difficult,  and 
yet  a  most  promising  campaign,  in  which  mutual  conciliation  was 
implied  by  the  very  conditions  of  the  case.  Hej:e  was  the  Irish 
race  sentiment;  there  practical  Irish  politics.  Ch&i:^  were  men 
fired  by  the  legacy  of  vengeance,  the  dower  of  the  Celtic  blood ; 
i  there  men  coolly  making  a  bargain,  which  they  were  prepared  to 
^  carry  out,  with  the  British  Liberals.  ^  Diverse  elements  these, 
with  but  one  thing  in  common,  the  good  of  Ireland. 

The  whole  secret  is  told  when  one  reflects  that  an  Irishman 
may  be  a  revolutionist  and  yet  wish  Parnell  well;  that  he  may 
believe  Home  Rule  a  good  thing,  but  not  a  complete  thing.  On 
the  other  hand  the  Home  Ruler  whose  ultimate  and  complete 
demand  is  a  National  Irish  legislature  would  be  a  very  imprac- 
tical statesman  indeed  if  he  declined  the  help  the  Irish  in  America 
can  give  him  lest  he  should  offend  the  supersensitive  feelings  of 
half-hearted  English  allies  by  the  bad  company  he  keeps. 
Timeo  Danaos  et  dona  ferentes. 

We  fear  Gladstone  bearing  Home  Rule;  but  the  revolution 
has  the  centuries,  and  Parnell  and  his  party  must  win  or  lose  in 


THE  DYNAMITE  WAR. 


99 


the  next  ten  years.  We  can  give  them  that  much  grace.  If  they 
fail,  as  they  probably  will,  we  are  in  no  worse  position  than  we 
were,  while  the  clouds  around  the  Empire  are  ever  thickening. 
As  it  is,  the  revolution  has  made  a  truce  of  God,  and  it  will 
forbear  its  hand  until  the  English  people  have  definitely  and 
finally  said  whether  it  is  to  be  peace  or  war. 

It  would  occur  to  the  meanest  intelligence  that  the  best  way 
to  hoodwink  the  English  democracy  would  be  to  show  the  essen- 


The  Forger  Pigott. 
tial  unity  of  "Parnellism,"  so  called,  meaning  the  Home  Rule 
movement,  and  ''Crime,"  so-called,  meaning  the  Irish- American 
attitude  to  England.  To  this  task  the  London  Times  addressed 
itself  with  more  good  will  than  good  judgment.  A  more  careful 
examination  of  the  situation  would  have  shown  the  Times  that  a 
man  cannot  be  a  revolutionist  without  being  a  Home  Ruler ; 
while  Ireland  is  full  of  Home  Rulers  who  are  anything  but  revo- 
lutionists.    In  so  far  as  Mr.  Parnell,  Mr.  Dillon,  Mr.  Davitt,  Mr. 


■g/'Wa^ 


The  Forged  Parnell  Letters.    I.  [loo] 


cSyuyf'  \lty^   C<xr^    tkM  "^A-Jo*    Cb-y^^  €L^ 

gJ^^   I^W^  -^e^    ^t^  ^^'^  ^i~^cCoCvf>-^    -^ 

The  Forged  Parnell  Letters.    II.  [i°^J 


102  THE  DYNAMITE  WAR. 

T.  P.  O'Connor,  Mr.  Healy,  Mr.  Harrington,  Dr.  Kenny,  Mr. 
O'Brien,  or  any  of  that  brilliant  galaxy  of  Home  Rulers,  has  been 
able  to  convince  the  Irish-Americans  that  there  was  a  hope  for  a 
peaceful  and  satisfactory  parliamentary  solution  of  Ireland's  ques- 
tion, there  has  been  an  alliance  of  "Parnellism"  and  ''Crime." 
The  more  abandoned  criminals  remain  on  the  outside,  and  dis- 
trust Home  Rule,  much  as  they  distrust  Mr.  Gladstone,  or  as 
they  would  distrust  the  Times  did  it  experience  a  change  of 
heart — as  it  would  in  twenty- four  hours  were  there  a  little  powder 
burned  at  Pul-i-Khisti. 

With  the  Times,  however,  the  object  was  not  the  truth,  but 
the  effect  on  the  electors,  and,  accordingly,  it  deliberately  set  out 
to  prove  Mr.  Parnell  a  dynamitard.  This  was  difficult,  because 
Mr.  Parnell  was  not  a  dynamitard;  but  not  impossible,  because 
the  Times  had  at  its  back  all  the  resources  in  the  way  of  perjury 
and  forgery,  bribery,  corruption  and  official  pressure,  which  be- 
long to  the  English  Government. 

TJiere  is  an  association  in  Ireland  calling  itself  the  Loyal  and 
Patriotic  Union,  of  which  one  Mr.  Houston  is,  or  was,  secretary, 
and  of  which  the  late  Prof.  Maguire,  of  Trinity  College,  was  a 
shining  light.  These  gentlemen,  with  some  assistance  from  other 
members  of  the  garrison,  produced  and  sold  to  the  Times  a  series 
of  letters,  in  which  Mr.  Parnell  frankly  and  candidly  took  a  lot 
of  people  into  his  confidence  in  sundry  assassination  plots  in 
which  he  was  concerned,  coiling  about  himself  a  chain  of  writ- 
ten evidence  from  which  there  was  no  escape  save  suicide. 
Being  confronted  with  fac-similes  of  the  letters  by  the  Times,  he 
impudently  denied  their  authenticity,  and  even  went  so  far  as  to 
insinuate  that  they  were  forged. 

Parliament  appointed  a  Commission  to  inquire  into  the  matter, 
and  the  Times  sold  many  copies  of  its  various  brochures  on  "Par- 
nellism  and  Crime,"  some  of  which  have  been  found  very  useful 
in  preparing  this  volume. 

Patrick  Egan,  late  treasurer  of  the  League,  but  at  this  time 


THE  DYNAMITE  WAR.  103 

an  exile  in  America,  noticed  some  of  the  peculiarities  in  the  Times 
Parnell  letters  which  led  him  to  believe  that  he  knew  the  author. 
Originals  were  hunted  up  and  sent  to  Parnell  by  a  safe  hand,  and, 
accordingly,  when  the  Times  came  on  to  show  beyond  the  shadow 
of  a  doubt  that  Parnell  had  written  the  letters — "to  prove  them 
up  to  the  hilt," — a  countermine  was  ready  which  blew  all  their 
plans  to  tatters. 

Richard  Pigott,  the  miserable  forger,  was  forced  to  confess 
his  infamy  upon  the  stand.  He  admitted  that  he  had  himself 
forged  the  documents,  and  had  sold  them  to  Houston,  who,  in 
turn,  sold  them  to  the  Times.)  and  upon  the  adjournment  of  the 
court  he  made  his  escape  to  Spain,  where  a  few  days  later  he 
committed  suicide. 

Pigott's  break-down  was  not  needed,  although  in  itself  it  was 
conclusive.  The  lawyers  for  the  Home  Rule  leader  were  pre- 
pared to  show  that  the  forgeries  were  made  by  tracings  upon  tis- 
sue paper  from  genuine  writings  of  Parnell's,  which  were  then 
pieced  together  to  give  them  a  damning  sense.  Part  of  this 
proof,  which  was  never  needed,  was  extremely  interesting,  and 
consisted  of  enlargements  by  the  magic  lantern  of  the  forged  and 
ol  genuine  signatures,  the  genuine  "  r "  being  one  of  Parnell's 
characteristic  and  unmistakable  letters,  which  Pigott  had  failed  to 
reproduce   at  all  properly. 

With  generous  British  candor,  the  Times  withdrew  the  for- 
geries, but  continued  to  press  the  case  founded  upon  them.  Mr. 
Parnell  withdrew  from  the  Commission,  which  has  not  yet  made 
its  report  to  Parliament. 


Chapteb  VIII. 

English  Detectives  in  America — Treason  in  the  Fenian  Ranks — 
P.  W.  Dunne  and  P.  J.  Meehan  Condemned  to  Death — The 
"Lost  Documents" — How  a  Torn  Pair  of  Drawers  put  Life  and 
Liberty  in  Danger — Carey  and  the  Invincibles — Tracking  a 
Traitor — A  Revolutionary  Execution — "Major  Le  Caron" — 
Betrayal  on  a  Cash  Basis — Parnellism  and  Crime — Le  Caron's 
Futile  Disclosures — His  Personality — Alexander  Sullivan  his 
Sponsor — Le  Caron's  Life  in  Chicago. 

ATTERS  had  been  brought  to  this  pass  when  the  whole 
English-speaking  world  was  startled  by  the  production 
upon  the  witness  stand  before  the  commission,  of  Henri 
Le  Caron,  the  Chicago  spy.  It  had  been  well  known 
that  there  were  a  number  of  English  detectives  in  the  ranks  of  the 
Clan-na-Gael,  but  the  most  persistent  search  had  failed  to  locate 
them.  Suspicion  fixed  upon  this  man,  and  upon  that,  but  in 
each  case  anything  like  proof  was  lacking.  Only  of  one  thing 
could  there  be  any  certainty,  and  that  was  that  somebody  high  in 
the  confidence  of  the  revolutionary  leaders,  if  not  one  of  the 
leaders  themselves,  was  betraying  the  cause. 

Not  a  man  crossed  the  ocean  upon  a  revolutionary  mission 
who  did  not  run  into  the  arms  of  the  police.  Often  the  photo- 
graph and  the  description  went  on  the  same  steamer  with  the 
adventurer;  more  frequently  they  preceded  him. 

Any  one  who  knows  anything  of  the  Irish  character,  knows 
in  what  execration  an  informer  is  held,  a  feeling  which  added 
to  the  vigor  with  which  the  search  for  the  spy  was  prosecuted. 
Traps  were  laid  again  and  again,  only  to  fail,  perhaps  because 
some  of  the  traitors  had  a  share  in  the  quest. 

Once  a  mail  bag  belonging  to  the  British  Ministry  at  Washing- 
ton was  captured,  and  in  it  was  found  a  complete  and  detailed 
account  of  secret  work  then  being  done  in  the  Clan ;  and  even 
then  the  spy  was  not  run  down.  Blow  after  blow  was  thus  struck 
by  the  English  Government,  in  the  dark,  and  uneasiness  rising  to 
bewilderment  followed  in  the  camps. 

(104) 


THE  DYNAMITE  WAR.  105 

P.  W.  Dunne,  who  has  been  one  of  the  prominent  figures  in 
the  Cronin  case,  was,  it  is  said,  once  sentenced  to  death  as  a 
traitor.  This  was  in  the  old  Fenian  days.  Dunne  and  P.  J.  Mee- 
han  had  been  sent  to  Ireland  by  James  Stephens,  the  head  center 
on  secret  work.  They  were  provided  with  papers  which,  if  cap- 
tured by  the  Government,  would  expose  the  whole  of  the  con- 
spiracy, particularly  the  military  part  of  it,  and  put  many  men 
in  jeopardy  of  their  lives.  When  the  two  men  came  to  the 
revolutionary  headquarters,  which  were  held  in  a  little  unsus- 
pected shop  in  Dublin,  the  papers  were  missing.  Meehan  de- 
clared that  he  had  pinned  them  on  the  inside  of  his  drawers,  and 
that  he  could  not  explain  how  they  had  dropped  out.  Certain  it 
is  that  somehow  the  very  same  papers  were  produced  by  the  Eng- 
lish Government,  in  the  trial  of  Thomas  Clark  Luby  and  the  other 
Fenian  leaders,  and  secured  their  conviction,  which  was  until 
then  doubtful.  Meehan  and  Dunne  were  accused  of  treason,  and 
it  is  said  a  court  martial  of  the  Irish  Republic  (Fenian)  found 
them  guilty,  and  adjudged  the  death  penalty.  Meehan,  who  is 
now  the  editor  of  the  Irish- American,  in  New  York,  was  shot 
down  and  left  for  dead  in  the  Fenian  headquarters  in  New  York, 
but  he  recovered,  and  both  he  and  Dunne  subsequently  convinced 
their  friends  and  the  Irish  public  of  their  complete  innocence.  In- 
deed, Dunne  had  only  been  suspected  on  account  of  the  warmth 
of  his  defense  of  Meehan,  who  was  his  friend. 

An  old  St.  Louis  Fenian,  recently  in  Chicago,  gave  the 
Times  the  following  detailed  account  of  the  trouble  over  the 
"  lost  documents, "  of  which  he  probably  knows  as  much  as  any 
man  living: 

*'  The  dispute  between  the  two  parties  grew  acrimonious  and 
bitter,  and  P.  J.  Meehan  and  P.  W.  Dunne  were  sent  to  Ireland 
as  special  ambassadors  to  examine  into  the  condition  of  affairs 
there,  and  learn  bow  far  the  people  were  ready  and  prepared  for 
a  rising  against  the  Government.  They  also  wished  to  try  to 
bring   into   the   movement  many  prominent  Irishmen,  such  as 


106  THE  DYNAMITE  WAR. 

George  Henry  Moore  and  '  The  O'Donoghue/  who  had  hitherto 
remained  aloof.  Their  credentials  contained,  it  was  said,  the  names 
of  all  the  leaders  of  the  movement  in  Ireland.  Theyffemained 
some  days  in  Dublin  before  reporting  at  the  headquarters  of  the 
provisional  government,  and  when  they  did  show  themselves  the 
precious  documents  were  missing.  They  remained  in  Ireland 
only  a  short  time  and  then  returned  to  America. 

''  Within  a  little  time— in  September,  1865 — the  storm  burst 
on  the  heads  of  the  Irish  leaders.  The  English  Government 
seemed  to  be  apprised  of  every  movement  made  by  the  Irish 
revolutionists  at  home  and  abroad.  Wholesale  arrests  were  made. 
Thomas  Clarke  Luby,  Denis  Dowling  Mulcahey,  Thomas  J.  Kick- 
ham,  after  whom  Kickham  Scanlan  (now  in  Mills  &  Ingham's 
office)  was  named;  Pierce  Nagle,  William  Francis  Rountree, 
O'Donovan  Rossa,  Capt.  D.  F.  Gleason,  Michael  O'Niel  Fogarty^ 
head  center  for  Tipperary;  Cornelius  O'Dwyer  Kane,  head  center 
for  Cork;  Mortimer  Moynihan,  James  O'Connor,  Cornelius 
O'Mahoney,  Richard  O'Sullivan  Bourke,  now  in  the  city  engineer's 
office  here,  were  arrested  and  tried  for  treason.  Pierce  Nagle 
turned  informer,  the  lost  document  appeared  in  evidence,  and  all 
the  accused  were  given  long  sentences. 

"  As  I  said,  Meehan  and  Dunne,  were  tried  for  treason  by 
the  I.  R.  B.,  and  condemned.  It  took  a  long  time  for  the  first 
attempt  at  vengeance  to  be  made,  but  the  alleged  disloyalty  or  its 
punishment  was  not  forgotten.  It  was  in  the  fall  of  1868,  if  I 
remember  rightly,  that  Dr.  Waters,  who  had  been  high  in  place 
in  the  Irish  Republic  organization  at  home,  at  the  time  of  the 
arrest  in  1865,  shot  Meehan  at  the  headquarters  of  the  Fenian 
Brotherhood,  on  Fourth  Street,  New  York.  Waters  was  tried  and 
given  two  years  in  the  penitentiary,  but  was  pardoned  at  the 
solicitation  of  Meehan. 

"  Meehan's  and  Dunne's  story  of  the  way  the  documents  were 
lost  was  considered  satisfactory  by  their  friends,  but  the  other 
side  never  forgave  them  or  believed  them  guiltless.     Dunne  and 


THE  DYNAMITE  WAR.  107 

Meehan  say  that  the  latter  had  the  papers  pinned  to  the  inside  of 
his  drawers,  but  that  the  pins  cut  through,  and  the  documents 
falling  to  the  street,  were  found  by  some  one  who  handed  them 
over  to  the  police. 

*'  The  disputes  on  the  American  side  continued,  and  at  the 
Philadelphia  Convention  in  1867  the  final  split  occurred,  the 
advocates  of  the  Canadian  invasion  seceding  under  the  name  of 
'  the  Senate  party,'  led  by  Gen.  Roberts,  from  the  old  Fenian 
Brotherhood,  which  remained  under  the  leadership  of  James 
Stephens  and  John  O'Mahoney.  The  'Senate  party,'  before  the 
final  rupture,  had  wished  to  show  the  feasibility  of  their  proposed 
attack  on  Canada,  and  organized  the  raid  of  1866. 

"  I  remember  that,  the  fall  before  this,  P.  W.  Dunne  came  to 
St.  Louis,  and  swore  thirty-one  of  us,  all  young  fellows,  into  the 
service  of  the  Irish  Republic.  We  expected  to  be  ordered  to  Ire- 
land at  any  moment,  and  all  of  us  were  ready  to  start  at  an  hour's 
notice.  The  arrests  in  Ireland  that  fall  spoiled  that  plan,  and 
most  of  us  went  to  Canada. 

"  Many  of  the  men  whose  names  have  been  so  often  heard 
since  the  beginning  of  the  Cronin  sensation  held  prominent  places 
in  Irish  affairs  then. 

"  In  the  '  Senate  party,'  John  F.  Finerty  was  an  organizer ; 
so  was  P.  W.  Dunne,  and  John  J.  Corydon,  who  afterward  turned 
informer.  W.  J.  Hynes,  now  of  the  counsel  for  the  State  in  the 
Cronin  trial,  was  another  organizer ;  'Red  Jim'  McDermott,  well- 
known  to  Chicago,  who  turned  informer  in  the  Phoenix  Park 
murder  cases,  was  another,  and  so  was  Gen.  P.  A.  Collins,  of  Boston, 
who  was  permanent  chairman  of  the  last  Democratic  National 
Convention.  A.  L.  Morrison,  formerly  of  Chicago,  but  now  in 
New  Mexico;  Jim  Brennan;  P.  R.  Walsh,  now  in  San  Francisco; 
John  F.  Scanlan  and  his  brother  Mortimer,  Frank  Gallagher,  of 
Buffalo,  and  James  Gibbons,  of  Philadelphia,  were  prominent 
members. 


108 


THE  DYNAMITE  WAR. 


"  B.  Doran  Killian,  J.  J.  Rogers,  of  New  York,  who  won't 
believe  Dr.  Cronin  is  dead;  O'Donovan  Rossa,  Edward  Duffy* 
and  John  Dolan  were  leading  lights  in  the  O'Mahoney  party. 

*'The  crowd  that  has  been  trying  to  run  things  recently  had 
not  then  been  heard  of  in  connection  with  Irish  affairs. 

'*  Probably  P.  W.  Dunne's  experience  has  helped  to  make 
him  particularly  anxious  to  see  the  murderers  of  Dr.  Cronin 
punished.  He  knows  how  ruthlessly  suspected  men,  whether 
innocent  or  guilty,  are  hunted  down  by  these  organizations,  and 
a  '  fellow  feeling  makes  us  wondrous  kind.' " 


James  Carey,  the  Informer. 

The  manner  in  which  men  of  unblemished  reputation  for 
patriotism  thus  fell  under  suspicion  will  make  it  easier  to  under- 
stand the  unrelenting  way  in  which  a  proven  informer  will  be 
followed  to  the  ends  of  the  earth,  if  the  chase  carries  vengeance 
so  far. 

The  world  remembers  the  Phoenix  Park  assassination,  in 
which  Lord  Frederick  Cavendish  and  Mr.  Burke  fell  under  the 
knives  of  the  "Invincibles."     This  was   a  murder  society  pure 


THE  DYNAMITE  WAR.  109 

and  simple,  in  which  James  Carey,  one  of  the  Dublin  Town 
Councilors,  was  the  moving  spirit.  No  man  more  guilty  than 
he  was  in  the  plot,  and  yet  he  was  allowed  by  the  English 
Government  to  save  his  own  neck  by  hanging  his  dupes,  and 
upon  his  information  the  other  Invincibles  were  either  hung  or 
sent  to  penal  servitude,  and  Carey  himself  was  kept  in  hiding  by 
the  authorities.  He  was  plentifully  supplied  with  money,  and 
when  it  was  supposed  that  any  possible  pursuit  had  been  evaded 
he  was  shipped  off  to  South  Africa. 


Patrick  O'Donnell,  Carey's  Slayer. 
But  there  had  never  been  a  moment  from  the  time  that  Carey 
appeared  upon  the  stand  in  Dublin  for  the  State  until  he  was 
killed  that  he  was  not  under  the  eye  of  the  revolutionary  directory. 
His  movements  were  purposely  made  as  erratic  as  possible,  but 
he  was  trailed  with  the  instinct  of  the  sleuth-hound.  He  was 
followed  to  Paris,  and  to  the  South  of  France,  watched  at  the 
gaming  tables  at  Monaco  and  traced  back  to  London  with  an 
agent  of  the  I.  R.  B.  in  the  same  compartment  of  the  train  with 
him.  Half  a  dozen  opportunities  to  kill  him  presented  them- 
selves, but  O'Donnell,  who  had  volunteered  for  the  work,  would 
not  take  advantage  of  him,  because  he  wanted  the  execution  to 


110  THE  DYNAMITE  WAR 

take  place  under  the  English  flag.  O'Donnell  had  devoted  his 
own  life  to  the  work  of  vengeance.  He  was  a  high-spirited 
young  Donegal  farmer,  of  some  means  and  education,  and  an 
enthusiastic  revolutionist.  Carey's  treachery  had  fired  him. 
beyond  the  power  of  words  to  paint,  and  he  gladly  threw  away 
his  own  life  to  mete  out  justice  upon  the  traitor.  He  had  chosen 
so  to  do  his  work  that  the  Irish  race  and  the  whole  world  could 
not  mistake  his  purpose  and  his  success.  It  was  an  act  of  wild 
justice  that  tended  very  seriously  to  interfere  with  informing  as 
a  profession. 

In  Dublin  a  short  time  since,  the  editor  of  this  book  talked 
with  several  old-time  Fenians  about  Carey,  and  it  is  in  order  that 
the  one  bright  spot  in  his  character  may  be  recorded  of  a  man 
universally  execrated.     This  is  what  he  was  told  : 

That  Carey  was  an  infamous  and  cowardly  villain  every  one 
admitted,  but  he  himself  was  conscious  of  his  infamy,  and  in  a 
half-hearted  way  was  true  to  some  of  his  associates.  His  evidence 
was  only  given  against  those  men  who  were  already  in  the  dock, 
and  he  perjured  himself  willingly  to  save  the  lives  of  three 
people  who  were  brought  before  him  for  identification,  whom  he 
knew  as  well  as  he  knew  his  own  mother,  but  whom  he  saved  by 
declaring  that  they  were  not  the  right  persons. 

Next  after  Carey  as  an  informer,  but  in  a  different  class, 
came  Major  Le  Caron,  so  called.  But  even  the  most  enthusiastic 
Irishman  differentiates  the  two.  Le  Caron  was  a  paid  tool  of  the 
English  Government  from  the  start.  Carey  was  an  Irishman  who 
had  lured  others  into  a  conspiracy  and  then  made  a  cowardly  and 
unsuccessful  effort  to  save  his  own  life  at  the  expense  of  his 
dupes.  One  is  in  the  position  of  a  shrewd  detective,  which  is 
infinitely  better  than  that  of  a  cowardly  traitor.  ~^-''^" 

We  Irish  do  not  make  any  mistake  on  this  sort  of  thing,  and 
it  is  my  deliberate  conviction  that  Le  Caron  could  come  back  to 
Chicago  and  live  here,  and  never  a  hand  would  be  lifted  against 
him.     A  ruse  is  not  a  betrayal.     It  certainly  is  the  right  of  the 


THE  DYNAMITE  WAR. 


Ill 


English  Government  to  do  all  in  its  power  to  protect  itself  from 
the  Irish  revolution ;  and  if  it  can  impose  one  of  its  agents  upon 
the  leaders  of  the  movement,  irritation  against  that  agent  would 
never  take  the  form  of  fixed  and  unrelenting  vengeance  which 
would  attend  the  man  of  Iri^  blood  who  sold  himself  to  the 
enemy. 


Le  Caron,  the    British  Spy  ,  as  he  appeared  on  the  Witness  Stand. 

We  are  playing  a  fair  game  with  the  British  Government, 
and  if  Le  Caron  had  been  discovered  in  his  true  character  before 
he  unmasked,  the  chances  are  that  as  a  military  necessity  he 
would  not  have  got  through  safely.  I  have  failed  utterly  to 
find  any  feeling  against  him  on  any  side.  There  is  much  con- 
tempt, of  course,  for  a  man  whose  business  was  the  betrayal  of 
those  whom  he  could  induce  to  trust  him,  but  none  of  the  rancor- 
ous bitterness  which  would  attend  treachery  in  the  Irish  ranks. 


112  THE  DYNAMITE  WAR. 

Le  Caron,  or  Beach,  should  never  have  been  admitted  into 
the  revolutionary  movement.  The  canons  of  every  society  which 
has  ever  striven  to  organize  men  of  Irish  blood  against  the  Eng- 
lish domination  in  Ireland  have  expressly  excluded  those  who 
were  not  Irish  either  by  birth  or  race,  and  Le  Caron  was  neither. 

The  whole  interest  in  him  centers  in  the  man  rather  than  the 
story  he  had  to  tell  —  for  his  evidence,  after  all,  amounted  to 
nothing,  and  the  English  Government  very  uselessly  uncovered  a 
most  valuable  ally  in  their  desperate  endeavor  to  help  the  London 
Times  in  its  hopeless  fight  upon  the  Irish  leaders. 

It  was  subsequently  admitted  that  the  most  important  in- 
formation in  the  Times  articles  was  furnished  by  Dr.  Henri  Le 
Caron.  The  writer  of  the  articles  of  the  series  "Parnellism  and 
Crime"  was  Mr.  Fitzgerald,  the  son  of  an  Irish  judge,  and  he 
was  given  access  to  everything  which  Scotland  Yard  could  furnish 
him  for  the  preparation  of  his  copy. 

Le  Caron,  whose  real  name  was  Beach,  was  a  man  of  some- 
what dubious  antecedents.  It  was  never  known  why  he  changed 
his  name,  for  that  was  done  long  before  he  became  a  spy.  He 
went  from  England  to  France,  and  from  France  to  America, 
where  he  served  in  the  Union  army  either  as  a  major  or  a  hospi- 
tal steward — it  is  not  quite  clear  which.  He  was  at  this  time 
carrying  the  name  he  afterwards  made  so  notorious.  In  the  army 
he  was  thrown  accidentally  with  a  number  of  Irish  soldiers,  and 
the  intimacy  thus  begun  continued  after  the  war  was  over.  He 
heard  a  good  deal  about  Fenianism,  and  threw  himself"  heartily 
into  the  movement,  at  the  same  time  making  arrangements,  through 
his  father,  with  Scotland  Yard  to  betray  his  companions.  He  was 
implicitly  trusted  by  the  Fenians,  and  was  make  one  of  the  Coun- 
cil of  War.  As  a  consequence,  when  the  raid  on  Canada  was 
projected,  he  was  a  most  valuable  servant  to  the  Canadian 
Government.  He  sent  warning  of  every  projected  movement,  and 
full  information  of  the  establishment  of  every  depot  of  arms  and 
war  stores.  As  a  result,  the  whole  movement  was  a  ridiculous  fiasco. 


THE  DYNAMITE  WAR.  11^ 

Suspicion  turned  on  every  one  but  Le  Caron.  He  was  a 
Frenchman,  every  one  thought,  and  a  hater  of  England  even 
beyond  ordinary  hate.  No  man  was  louder  in  his  denunciation 
of  the  treason  that  was  manifest  in  the  Fenian  ranks,  none  worked 
more  craftily  or  more  eagerly  to  trap  the  traitor. 

For  some  years  he  dropped  out  of  sight,  keeping  up  a  desultory 
correspondence  with  old  Fenian  messmates,  until  the  Clan-na- 
Gael  began  to  grow  into  a  powerful  society.  Then  he  again 
turned  up,  iilled  fuller  than  ever  of  his  old-time  hatred  of  the 
English,  and,  as  he  swore  on  the  stand,  Alexander  Sullivan  himself 
stood  his  sponsor  in  the  Clan.  The  old  work  began  again.  Secret 
circulars  were  promptly  sent  to  London  as  soon  as  they  reached 
Chicago.  Lists  of  members  of  the  Clan,  officers  and  resources, 
reports  of  meetings,  everything  that  Le  Caron  could  find  out 
went  at  once  to  Scotland  Yard.  He  sent  descriptions  of  revolu- 
tionary agents  in  the  same  ships  that  the  men  themselves  went 
abroad  on,  and  on  the  whole,  it  would  be  difficult  to  imagine  a 
more  complete  and  serviceable  spy. 

At  last  he  crowned  his  whole  career  by  boldly  going  on  the 
witness  stand  in  London,  and  blandly  telling  all  that  he  had  done, 
and  how  he  had  done  it.  He  seemed  to  take  a  pride  in  his  work, 
and  it  was  with  a  loving  attention  to  detail  that  he  described  how 
he  wormed  himself  into  the  confidence  of  the  Clan-na-Gael  lead- 
ers. 

**I  was  not  an  informer,  nor  a  traitor,"  he  said ;  "I  was  a  mil- 
itary spy,  serving  among  the  enemies  of  my  country." 

Following  is  a  sketch  of  Le  Caron's  career  in  Chicago  and 
its  environs,  as  given  in  the  Chicago  Times,  on  the  occasion  of 
his  going  on  the  stand  in  London: 

"  Dr.  Le  Caron,  alias  Thomas  Philip  Beach,  was  associated  with 
Dr.  Bacon,  now  State  Senator,  in  Lockport,  Will  County,  imme- 
diately after  the  Civil  War.  It  is  said  that  Dr.  Bacon  was  physi- 
cian at  the  Joliet  Penitentiary  at  that  time,  and  that  Le  Caron  was 
a  sort  of  a  hospital  steward  under  him.     Le  Caron*s  young  wife, 


114  THE  DYNAMITE  WAR. 

an  excellent  lady  raised  in  Nashville,  and  Mrs.  Bacon  became 
warm  friends,  and  are  yet.  Le  Caron  moved  to  Wilmington  in 
1868,  or  thereabout,  and  opened  a  doctor's  office.  It  was  gen- 
erally Jbelieved  that  he  had  taken  part  in  the  unsuccessful  Fenian 
invasion  of  Canada,  and  he  did  not  deny  it.  Certain  it  is  that 
Gen.  O'Neil,  who  was  prominent  in  that  raid,  visited  Le  Caron 
more  than  once  in  Wilmington.  After  living  in  the  latter  named 
place  perhaps  four  years  he  moved  to  Braid  wood,  taking  Miss 
Lizzie  Beach,  who  was  understood  by  his  neighbors  to  be  his  half- 
sister,  with  his  family.  In  Braid  wood  he  had  a  fair  practice, 
which  continued  off  and  on  until  within  three  months,  though  his 
family  residence  has  been  for  a  few  years  in  Chicago.  He  owned 
a  drug  store,  and  later  established  another.  He  was  nominated 
for  supervisor,  and  later  for  the  State  Legislature,  and  came  very 
near  being  elected  each  time.  It  is  thought  from  old  photographs 
that  Le  Caron  served  in  the  Union  army,  not  in  the  capacity  of 
major,  but  in  that  of  a  hospital  steward. 

"  In  person  he  is  about  five  feet  eight  inches  in  height,  weighs 
probably  120  pounds,  dresses  faultlessly,  speaks  French  fluently, 
has  a  fine  tenor  voice,  and  having  a  liberal  education,  is  possessed 
of  considerable  ability.  He  makes  a  fair  presiding  officer  or  ward 
politician.  He  is  shrewd  and  bold  enough  to  engage  in  adven- 
ture, and  probably  equally  cunning  in  covering  his  tracks.  One 
of  his  most  intimate  acquaintances  in  Chicago  was  the  late  Col. 
William  J.  Clingen. 

"  During  the  last  ten  j^ears  Le  Caron  has  made  several  trips 
to  Europe.  He  said  two  years  ago  that  his  mission  there  was  to 
help  in  establishing  a  central  house  in  England  for  the  wholesaling 
of  American  patent  medicines.  Later  trips  were  made,  he  has  al- 
leged, in  the  interest  of  a  foreign  syndicate  which  desired  to  buy 
up  all  the  best-paying  breweries  in  Chicago  and  some  other  large 
cities,  in  the  event  of  the  successful  sales  of  which  he  and  three 
others  would  come  in  for  a  handsome  percentage.  Whether  these 
Col.  Sellers  schemes  were  visionary  or  not  remains  to  be  unrav- 
eled. Enemies  have  often  said  that  Le  Caron's  interest  in  behalf 
of  Ireland  was  for  revenue  only,  and  it  is  a  fact  beyond  doubt 
that  he  has  in  years  gone  by  met  John  Devoy  and  other  promi- 
nent Irish  Nationalists,  though  it  is  not  known  that  he  ever  spoke 
of  meeting  either  Parnell  or  Dillon.  He  signed  his  name  '  Henri 
Le  Caron,'  and  whatever  he  may  be,  he  certainly  was  generally 
well  liked  in  Wilmington  and  Braidwood.     He  was  to  all  classes 


THE  DYNAMITE  WAR.  115 

polite  and  hospitable,  and  was  never  accused  of  any  sort  of  dis- 
honesty. The  statement  that  his  true  name  is  Beach  is  strength- 
ened from  the  fact  that  his  '  half-sister '  referred  to  above  went  by 
that  name.  That  woman  was  married  a  few  years  since  to  a 
wealthy  relative  of  the  late  Roscoe  Conkling  in  New  York  State. 
As  to  a  Clan-na-Gael  society  in  Braidwood.  a  citizen  of  that  city 
says  he  knows  of  none  such  now  nor  heretofore. 

'^  Le  Caron  moved  with  his  family  to  Chicago  about  six  years 
ago,  and  after  living  at  several  houses,  moved  two  years  ago 
to  177  La  Salle  Avenue,  where  he  had  lived  since.  Mrs.  Le  Caron 
told  Mrs.  Neuberg,  who  lived  in  the  flat  above  her,  that  she  had 
been  in  great  trouble  and  distress  the  past  six  or  seven  years. 
Two  weeks  ago,  without  a  word  to  friends,  landlord,  or  any  one 
except  a  furniture  dealer,  Mrs.  Le  Caron  sold  everything  in  the 
house,  and  left;  the  furniture  man  finding  the  curtain  up,  and  the 
beds  just  as  they  had  been  slept  in.  Mrs.  Le  Caron  took  with  her 
her  seventeen-year  old  daughter,  Gertrude,  and  two  boys,  aged 
twelve  and  eight  years.  Henry,  a  young  man  twenty-two  j^ears 
of  age,  refused  to  go,  and  is  now  in  the  city.  Mrs.  Le  Caron  told 
the  neighbors  she  was  going  to  a  new  flat;  but  later  admitted  she 
was  going  to  New  York.  There  is  a  married  daughter,  Ida,  whose 
husband  is  a  traveling  man. 

"  Le  Caron  was  well  and  intimately  known  by  almost  every 
prominent  Irish- American  in  this  country.  He  claimed  to  be  a 
Frenchman  who  hated  England,  and  out-Heroded  Herod  in  his 
zeal  for  the  cause  of  Irish  liberation.  He  was  foremost  among 
the  organizers  of  the  great  Fenian  raid  into  Canada.  With  him 
were  associated  W.  J.  Hynes  and  John  Finerty  of  this  city,  and 
up  to  the  receipt  of  the  news  from  London  these  men  regarded 
Le  Caron  as  a  stanch  and  true  sympathizer  and  friend  of  the 
Irish  cause. 

"  Dr.  George  P.  Cunningham  said  yesterday :  '  I  was  never 
more  shocked  and  surprised  in  my  life.  I  first  met  Maj.  Le  Caron 
at  my  father's  house  in  Utica,  N,  Y  ,  in  1864  or  1865,  while  he, 
John  Finerty,  W.  J.  Hynes  and  others  were  organizing  for  the 
Fenian  raid.  So  active  was  Maj.  Le  Caron  that  the  Irish- Ameri- 
cans called  him  the  "  Lafayette  of  the  Irish  cause,"  as  he  was 
known  as  a  Frenchman  espousing  the  cause  of  Irish  liberty.  My 
father's  warehouse  was  used  as  the  work-shop  to  change  'the 
Springfield  rifles  into  breech-loaders,  and  then  they  would  be  dis- 
tributed at  different  points  and  secreted.     We  used  to  wonder 


116  THE  DYNAMITE  WAR. 

how  their  hiding-place  could  be  discovered  in  a  few  hours  and 
the  arms  taken  by  the  Federal  Government,  and  the  leaders  de- 
nounced the  unknown  traitors,  the  Major  denouncing  louder  than 
any  one.  We  know  how  it  was  done  now.  We  used  to  have  that 
man  in  our  most  sacred  confidence,  and  many  times  have  I  heard 
my  father  and  some  of  the  leading  Irish- Americans  despair  be- 
cause some  Irish  traitor  was  evidently  selling  all  the  secret 
schemes,  plans  and  movements  in  America  to  the  British  Govern- 
ment.' 

"  In  regard  to  the  patent-medicine  tale,  a  Times  reporter 
called  on  Dr.  L.  Burlingham,  351  North  Clark  Street,  to  find  out 
how  long  he  and  Le  Caron  had  been  partners  in  a  patent-medi- 
cine scheme  in  Europe.  '  I  wa»  never  a,  partner  with  him,'  said  the 
doctor,  after  hesitating  and  denying  at  first  that  he  knew  any- 
thing to  tell  of  Le  CarOn.  'He  did  talk  of  introducing  our 
American  clover  blossoms  in  Europe,  that  is  all.  He  and  I  were 
in  England  together  two  years  ago.  I  knew  he  made  frequent 
trips  to  England,  and  I  knew  he  was  in  the  employ  of  the 
British  Government,  but  just  in  what  capacity  of  course  I  did 
not  know.  He  is  a  very  shrewd  and  remarkable  man — just  such 
a  man  as  a  government  would  employ  for  such  a  purpose,  and  a 
man  who  could,  as  he  did,  work  for  nearly  thirty  years  as  the 
friend  of  the  very  ones  he  was  paid  to  spy  on  and  never  be  sus- 
pected till  the  hour  came  to  come  out  in  his  true  colors.  I'll  bet 
he'll  come  back  to  America  and  live.  He's  too  sharp  to  be  hurt, 
and  isn't  afraid  of  any  one.' " 


Chapter  IX. 

American  Excitement — Charges  and  Counter  Charges — What  Le 
Caron  Testified — A  Futile  Treason — The  Devoy-Egan  Con- 
troversy— Were  the  Names  Given? — McCahey's  Appeal  to 
Egan — Cronin  and  Sullivan — A  Bitter  Fight — The  Buffalo 
Convention — Reading  the  Report — Exciting  Scene  in  Camp 
20 — Beggs'  Letters  to  Spelman — Was  there  a  Trial  Commit- 
tee ? — And  Was  there  a  Trial  ? — Street  Gossip  and  Clan  Sc- 
ore ts- 

LTHOUGH,  as  has  been  said,  Le  Caron's  evidence  when 
analyzed  amounts  to  just  nothing  at  all,  it  created  an  ex- 
citement the  like  of  which  has  not  been  known  in  the 
_  Irish  ranks  since  the  Phoenix  Park  murders.     Especially 

in  Chicago  did  feeling  run  nigh,  for  it  was  here  that  Le  Caron 
had  lived,  and  here  he  had  learned  the  secrets  which  he  set  about 
to  betray. 

Every  friend  of  the  absent  detective  was  questioned  about 
him.  His  life  and  his  antecedents  were  examined  thoroughly ; 
not  an  incident  in  his  career  in  America  was  not  brought  up  and 
thought  over,  and  yet  there  was  little  to  be  gained  by  it.  Here 
was  a  man  who  had  for  years  and  years  followed  a  systematic 
course  of  betrayal.  He  had  made  it  the  business  of  his  life  to  learn 
dangerous  secrets,  and  to  trade  upon  them.  His  success  in  itself 
describes  his  character.  He  was  a  plausible  man,  magnetic  and 
impressive.  Those  with  whom  he  was  thrown  in  contact  almost 
instinctively  gave  him  their  confidence.  It  is  true  he  was  French, 
as  they  believed,  but  such  a  hearty  hater  of  England  was  French 
only  by  accident;  he  ought  to  have  been  an  Irishman,  and  it  was 
a  mistake  for  him  to  have  been  born  anywhere  else. 

He  had  been  made  a  Clansman  through  Alexander  Sullivan, 

and  here  was  a  fine  opportunity  for  Sullivan's  many  enemies  to 

attack  him — an  opportunity  which  they  improved  to  the  utmost. 

Charges  and  counter  charges  filled  the  air.     Cronin,  Devoy, 

(117) 


118  THE  DYNAMITE  WAR. 

McCahey  and  their  friends  were  bitter  in  their  attack;  friends  of 
Sullivan  were  equally  outspoken  in  his  defense,  and  in  that  of  the 
members  of  the  old  Triangle  who  were  in  a  special  manner  the  tar- 
gets for  all  the  abuse  which  could  be  heaped  upon  them. 

Indeed  at  this  time  there  was  a  serious  fissure  running  com- 
pletely through  the  Irish  ranks,  represented  unmistakably  by  the 
controversy  between  Patrick  Egan  and  John  Devoy,  shortly  be- 
fore the  departure  of  the  former  as  United  States  Minister  to 
Chili. 

Le  Caron's  disclosures  made  the  feeling  that  already  existed 
much  more  bitter,  for  it  gave  either  side  a  needed  text  upon 
which  to  preach  to  the  other. 

Sifted  and  analyzed,  all  that  Le  Caron  could  tell  was  that 
there  was  in  America  a  great  secret  society,  the  Clan-na-Gael,  a 
fact  which  had  been  before  that  proclaimed  from  the  housetops ; 
and  he  could  insinuate,  if  he  could  not  prove,  that  this  great  or- 
ganization was  in  alliance  with  Parnell. 

No  man  of  common  sense  needed  to  be  told  that  the  Irish  in 
America  were  opposed  to  the  English  connection,  and  were  pre- 
pared to  go  any  honorable  length  to  break  it;  but,  on  the  other 
hand,  it  has  always  been  felt  that  the  problem  was  one  which  tlie 
Irish  in  Ireland  must  solve.  Here  was  the  commissariat,  there 
the  fighting  men.  The  role  of  the  western  Celt  was  to  back  up, 
heart  and  soul,  the  struggle  of  his  kinfolk  in  the  old  home;  and 
if  they  decided  upon  a  peaceful  struggle,  conducted  along  consti- 
tutional lines,  the  only  thing  to  be  done  was  to  hold  up  their 
hands.  If  their  limit  is  Home  Rule,  they  are  the  judges,  and  their 
decision  is  final.  American  sympathy  may  be  counted  upon  just  as 
long  as  there  is  Irish  necessity,  and  the  one  way  that  sympathy 
can  be  made  effective  is  to  trust  the  men  on  the  spot. 

It  needed  no  elaborate  and  expensive  system  of  detection  to 
determine  this. 

But  there  was  one  thing  Le  Caron  said  which  burnt  into  the 
Irish- American  heart,  and  that  was  his  statement  that  there  were 


THE  DYNAMITE  WAR.  119 

four  other  men,  spies  in  the  revolutionary  camp,  wearing  the  liv- 
ery of  the  revolution  for  the  purpose  of  betraying  it. 

This  was  serious,  not  in  its  present  danger,  for  there  was  no 
danger — there  is  not  and  has  not  been  for  years  a  secret  of  the 
Clan-na-Gael  which  the  world  might  not  know — but  serious  on 
account  of  future  possibilities.  The  whole  purpose  of  keeping 
up  revolutionary  organization  at  this  time  is  to  have  an  arm  ready 
with  which  to  strike  if  this  long-promised  ''union  of  hearts" 
comes  to  nothing.  The  Irish-American  utterly  disbelieves  in 
the  English  "sense  of  justice"  to  which  the  Home  Rule  party 
appeals ;  and  it  can  do  no  harm  to  be  prepared  for  a  convincing 
disaster  in  Parliament. 

No  military  organization  can  come  to  much  if  all  its  councils 
are  to  be  betrayed  as  soon  as  formed,  and  hence  it  was  a  matter 
of  the  first  importance  to  locate  and  expose  the  spies 

Did  Le  Caron  give  the  four  names  ? 

There  is  every  reason  to  believe  that  he  did.  The  matter 
came  up  in  a  peculiar  waj^  and  one  out  of  which  there  seems  to 
have  been  no  avenue  of  escape  for  the  informer,  save  the  disclosure. 
Sir  Charles  Russell  very  probably  saw  the  names;  but  that  does  not 
advance  the  inquirer  any  nearer  to  the  truth,  for  the  men  to 
whom  the  names  were  shown  were  bound  by  every  tie  of  pro- 
fessional and  gentlemanly  honor  not  to  reveal  them 

If  Le  Caron  gave  the  names,  he  did  not  much  advance  t^ie 
American  inquiry,  and  any  determination  as  to  who  the  informers 
were  must  have  been  come  to  in  America,  independently  of  Le 
Caron's  revelations^ 

It  ought  to  be  an  easy  matter  to  trap  a  traitor.  Beginning 
with  the  Triangle  and  working  outward,  the  fidelity  of  every  man 
even  in  so  great  an  organization  as  the  Clan  could  be  tested 
quietly  but  effectively.  A  little  cunning,  a  few  ingenious  decoys, 
would  have  done  the  business  without  the  help  of  Le  Caron's 
statement. 

This  brings  the  narrative  down  to  one  of  its  most  dangerous 


120  THE  DYNAMITE  WAR. 

points.  I  have  yet  to  hear  one  member  of  what  is  called  th^ 
Triangle  element  in  the  Clan  charge  Dr.  Cronin  with  being  an 
English  spy.  The  friends  of  the  dead  Doctor  declare  that  his 
enemies  made  this  charge  against  him ;  but  as  far  as  the  other 
side  are  concerned,  if  they  have  made  such  charges,  they  have 
made  them  in  secret. 

Dr.  McCahey,  one  of  the  men  whose  names  have  been  most 
closely  associated  with  Cronin's  throughout  the  history  of  this 
awful  tragedy,  on  the  night  of  Sunday,  Oct.  27,  1889,  furnished 
the  press  of  Chicago  with  a  document  which  throws  some  little 
light  on  this  part  of  the  case. 

Dr.  McCahey,  the  reader  will  understand,  writes  as  a  bitter 
enemy  of  Alexander  Sullivan,  and  his  words  must  be  taken  with 
the  certainty  that  his  partisanship  clouds  his  judgment  where 
two  constructions  can  be  placed  upon  any  fact.     McCahey  writes: 

"  It  will  be  remembered  that  a  witness  testified  before  the 
Chicago  grand  jury  that  Alexander  Sullivan  told  him  that  Dr. 
Cronin  was  not  dead,  but  was  on  his  way  to  London,  and  would 
be  heard  from  in  a  few  days.  In  proof  of  this  assertion  Sullivan 
alleged  that  he  had  received  a  cipher  cablegram,  which,  as  he  was 
unable  to  understand  it,  he  had  repeated  to  Patrick  Egan,  at  Lin- 
coln. Egan  had  translated  it,  and  sent  him  a  copy,  which  read  as 
follows :  '  Another  witness  for  the  Times  will  leave  about  the  mid- 
dle of  May.     This  may  be  your  doctor.'     Signed  B. 

"  Sullivan  told  the  witness  that  B.  was  an  English  member 
of  Parliament,  laying  special  emphasis  on  the  fact  that  he  was  not 
an  Irish  member  of  Parliament.  Diligent  search  among  the  files 
of  the  telegraph  companies  failed  to  show  the  receipt  of  any  such 
cipher  message  or  any  cablegram  signed  B.,  or  of  the  translation 
from  Egan.  The  story  was  assumed  to  be  a  fabrication  of  Sulli- 
van's. It  is  now  known,  however,  that  there  was  a  member  of 
the  conspiracy  in  Paris  on  May  6,  and  that  as  soon  as  the  news  of 
Dr.  Cronin's  disappearance  reached  Paris  this  conspirator  sent 
Alexander  Sullivan  a  cablegram  which  was  intended  to  be  used 
as  the  basis  for  the  report  that  Dr.  Cronin  was  a  spy  and  had 
sailed  for  England,  the  intention  being  to  have  the  message  re- 
peated from  Chicago  to  Patrick  Egan,  and  at  the  proper  time  to 


THE  DYNAMITE  WAR.  121 

be  produced  by  Egan  or  Sutton,  and  flashed  over  the  wires.  Sul- 
livan received  the  cablegram,  and,  by  changing  two  words  in  it 
to  make  it  more  plausible  before  sending  it  to  Egan,  showed  that 
he  was  waiting  for  it  and  knew  all  about  it.  It  was  not  signed  B. 
The  sender  feared  to  sign  his  name,  as  the  plot  might  after  all  fail. 
He  therefore  sent  it  anonymously.     It  read  as  follows: 

*^Faris,  May  6.     Alexander  Sullivan^  Opera  House  Buildings  Cni' 
cago: 

"Wire  Canceller  if  not  gone  as  follows:  Reliable  information, 
suspected  person  taking  advantage  advance  books  offered  enemy's 
agent  April  5;  come  over  for  20,000,  half  payable  in  advance;  pro- 
poses leaving  May  12.  If  books  could  be  found  his  story  could  be 
disproved  and  coming  neutralized  hope  receive  further  information 
shortly  whether  offer  accepted,  same  agent  acted  before  at  Pueblo, 
April  6,  and  cabled  for  10,000,  part  payment  advance  to  be  sent  the 
Bank  Montreal,  Chicago,  and  500  contingent  expenses  be  sent  to  Col- 
orado Springs.  The  ofifer  made  by  Buncomb  may  be  game  get  money, 
but  desirable  take  precaution,  you  may  buy  correspondence  agent 
with  Buncomb  at  any  price  you  think  right.  If  possible  postpone 
departure  and  send  Tom  or  some  reliable  friend  negotiate  for  cor- 
respondence, otherwise  cable  London  name  representative.  Don't 
reply  until  see  Tom." 

"  The  dispatches  between  Sullivan  and  Lincoln,  Neb.,  were 
as  follows: 

^^  Chicago  May  d,  i88g.     Patrick   Egan^  1448    Q  Street,  Lincoln, 
Neb.: 

"  Am  directed  to  repeat  important  telegram  to  you.  Shall  I  send 
it  to  Lincoln  ?  Alexander  Sullivan. 

^^Lincoln,  Neb.,  May  6.     Alexander  Sullivan,  Opera  House  Block: 

"  Send  cablegram  to  Lincoln.    I  will  send  it  him. 

"  Frank  Egan. 

^''Chicago,  May  6.     Frank  Egan^  1448  Q  Street,  Lincoln,  Neb.: 

"  Am  sending  cablegram ;  don't  repeat;  hold  until  your  father 
returns.  Alexander  Sullivan. 

"  The  same  date  Alexander  Sullivan  sent  the  cablegram,  but 
prior  to  sending  it  made  two  changes — *  Cancellor '  was  rewritten 
to  '  chancellor,'  and  '  advance  books '  was  changed  to  *  absence 
books.' 

*'  It  will  be  seen,"  claims  Dr.  McCahey,  "  that  they  render 
the  message  intelligible,  and  that  instead  of  it  having  been  trans- 


122  THE  DYNAMITE  WAR. 

lated  by  Egan,  and  repeated  to  Sullivan,  it  was  put  in  shape  by 
Sullivan  before  being  forwarded  by  him. 

"From  that  day  to  this  no  mention  has  been  made  of  this 
cablegram.  Had  it  been  sent  in  good  faith  by  a  representative 
of  the  Parliamentary  party  it  would  have  been  heralded  all  over 
the  country,  no  matter  to  whom  it  may  have  referred.  But  it 
was  not  an  honest  warning.  It  was  the  second  move  in  the  great 
conspiracy.  Its  essential  part  is  in  tlie  first  few  words,  'suspected 
person  proposes  leaving  May  12.'  All  the  rest  is  merely  padding 
to  make  it  sound  well.  May  1 2  was  the  day  that  Long,  Starkey 
et  al.  were  prepared  to  swear  that  Cronin  had  left  Montreal. 
What  a  sensation  would  have  been  created  had  this  cablegram 
been  given  to  the  Associated  Press  from  Lincoln  on  May  11  or 
12.  But  the  morning  papers  of  May  6,  which  contained  the 
news  of  Dr.  Cronin's  disappearan^ce,  also  contained  the  announce- 
ment that  his  friends  had  determined  to  solve  its  mystery.  Egan 
read  them  before  he  received  the  Paris  cablegram. 

"He  also  received  an  urgent  dispatch  from  John  P.  Sutton 
and  John  F.  Finerty  that  'you  must  come  to  Chicago,'  the  osten- 
sible reason  being  to  attend  a  reception  of  the  Irish-American 
Club,  though  what  authority  John  P.  Sutton,  of  Lincoln,  Neb., 
had  to  speak  for  a  Chicago  club  is  not  clear. 

"But  Mr.  Egan  had  read  the  morning  papers  and  he  did  not 
father  the  Paris  cablegram,  and  he  did  not  go  to  Chicago  until 
May  17.  When  he  got  there  he  ridiculed  the  idea  of  Dr.  Cronin 
being  dead,  but  was  very  careful  to  not  attack  his  memory  in  any 
way.  As  soon  as  the  Doctor's  body  was  found  the  rumor  was 
immediately  started  that  his  was  one  of  the  names  mentioned  by 
Le  Caron.     I  telegraphed  Egan  as  follows : 

^^Philaddphia^  May  2^,     Patrick  Egan,  care  of  Irish  Worlds  z/ 

Barclay  Street,  New  York: 

"Will  you  either  aflfirm  or  deny  the  truth  of  the  rumor  that  Dr. 
Cronin's  name  was  on  the  list  of  spies  made  known  to  Sir  Charles 
Russell?  If  you  have  not  this  knowledge  no  other  man  in  the  United 
States  has,  and  I  hope  you  will  state  so  publicly, 

"P.  McCahey." 

In  a  short  time  he  received  the  folio  9^ing  reply: 

"New  York,  May  2^.     Dr.  P.  McCahey: 

"P.  E.  has  no  knowledge  whatever  of  the  list  referred  to,  and 
it  would  be  an  outrage  to  mix  his  name  up  in  the  matter. 

"A.  KroRD." 


THE  DYNAMITE  WAR.  123 

"If  Mr.  Egan  had  no  knowledge  of  the  list,"  says  Dr.  Mc- 
Cahey,  in  conclusion,  "it  must  be  evident,  even  to  Mr.  O'Brien, 
that  no  other  person  in  America  had,  and  that  any  one  who 
pretended  to  have  was  a  shameless  liar  and  a  member  of  the 
murder  conspiracy." 

The  letter  was  handed  in  at  the  counting-room  of  the  Chicago 
Herald  late  one  night,  in  an  envelope  which  bore  three  postage 
stamps,  but  had  not  been  through  the  post-ofHce.  This  fact  is 
mentioned  because  prominent  members  of  the  Cronin  prosecution 
committee  thought 'that  Dr.  McCahey  could  not  possibly  be  guilty 
of  sending  out  such  a  document  without  consulting  them  or  at 
least  letting  them  know  about  it.  Not  one  of  them  knew  a  thing 
of  it  until  they  were  apprised  by  the  reporters  that  such  a  letter 
had  been  received.  Of  course  they  were  all  conversant  with  the 
facts  as  presented  by  Dr.  McCahey,  and  with  the  contents  of  the 
telegrams,  but  it  was  perfectly  well  understood  by  everybody, 
McCahey  included,  that  the  information  was  a  secret.  Indeed,  it 
was  only  on  the  condition  that  it  would  remain  a  secret  that 
McCahey  was  permitted  to  have  a  copy  of  the  dispatches.  The 
writing  is  unmistakably  McCahey's;  it  is  McCahey's  argument, 
and  nobody  else  but  McCahey  could  have  furnished  such  a  letter. 
But  his  views  as  to  the  telegrams  are  not  the  only  views  that 
have  been  taken  of  them,  and  his  facts  are  not  at  all  correct,  as 
for  instance  the  statement  made  by  a  witness  before  the  grand 
jury.  That  witness  never  claimed  that  any  such  dispatch  as  that 
signed  B.  was  received;  the  matter  is  distorted  and  exaggerated. 

The  cablegram  may  be  thus  made  more  clear  by  inter- 
polation : 

"  Wire  Chancellor  (Patrick  Egan)  if  not  gone  (to  Chili)  as 
follows:  'I  have  reliable  information  that  a  suspected  person, 
taking  advantage  of  the  absence  of  the  books  (of  the  Irish 
National  League,  which  were  missed  and  urgently  sought  during 
the  Parnell  inquiry)  offered  the  enemy's  (London  Times)  agent 
April  5  to  come  over  for  $20,000,  half  payable  in  advance.  He 
proposes  leaving  May  12.     If  the  books  could  be  found  his  story 


124  THE  DYNAMITE  WAR. 

could  be  disproved  and  his  coming  neutralized.  Hope  to  receive 
further  information  shortly  whether  the  offer  was  accepted.  The 
same  agent  acted  before  at  Pueblo  April  6  and  cabled  for  $10,000, 
part  payment  advance,  to  be  sent  to  the  Bank  of  Montreal  at 
Chicago,  and  $500  contingent  expenses  to  be  sent  to  Colorado 
Springs.  The  offer  made  by  Buncomb  (an  alias  for  somebody) 
may  be  a  game  to  get  money.  It  is  desirable  to  take  precaution. 
You  may  buy  the  correspondence  of  the  agent  with  Buncomb  at 
any  price  you  think  right.  If  possible  postpone  your  departure 
(to  Chili)  and  send  Tom  (Brennan)  or  some  reliable  friend  to 
negotiate  for  correspondence.  Otherwise  cable  London  name  of 
representative.  Don't  reply  until  you  see  Tom  (Brennan,  of 
Nebraska).'* 

Now,  "a  suspected  person,"  according  to  Dr.  McCahey  ,means 
Dr.  Cronin,  but  there  is  a  possibility  that  it  meant  a  well-known 
Nationalist  known  to  be  in  Colorado.  Time  will  tell,  now  that  it 
has  been  published,  who  is  meant. 

Doubtless  there  was  much  dissatisfaction  with  Dr.  Cronin's 
attack  upon  the  Triangle,  and  the  manner  in  which  it  was  con- 
ducted. Sullivan  had  protested  bitterly  against  Cronin  being 
made  one  of  the  committee  which  was  to  investigate  him ;  but 
Sullivan  was  by  no  means  the  only  man  who  had  antagonized 
Cronin,  and  that  Cronin  had  antagonized,  although,  upon  the 
latter's  death  being  shown,  the  whole  brunt  of  the  prosecution  fell 
upon  Sullivan's  shoulders,  as  the  bitterest  enemy  which  the  dead 
man  was  known  to  have  made. 

The  Buffalo  convention  was  held,  and  the  investigating  com- 
mittee thoroughly  exonerated  the  members  of  the  Triangle  from 
the  charges  of  malfeasance.  Dr.  Cronin  insisted  upon  making  a 
minority  report,  and  this  was  read  in  the  camp  of  which  he  was 
Senior  Guardian.  This  report  was  an  indictment  of  the  Triangle 
and  a  declaration  that  they  were  guilty. 

All  that  we  know  definitely  of  what  follo\^ed  is  contained  in 
the  correspondence  between  John  F.  Beggs  and  Edward  Spelman, 
the  district  officer  of  the  Clan.     Beggs  was  the  Senior  Guardian 


THE  DYNAMITE  WAR.  125 

of  Camp  20,  and  is  one  of  the  prisoners  put  on  trial  for  his  life 
in  the  Cronin  case. 

The  correspondence,  as  produced  by  Mr.  Spelman  on  the 
trial,  was  as  follows: 

The  State's  Attorney  offered  a  number  of  letters  in  evi- 
dence, and  they  were  turned  over  to  the  attorneys  for  the  pris- 
oners for  inspection.  Mr.  Wing  then  objected  to  their  introduction. 
Mr.  Foster  said  there  was  no  objection  on  the  part  of  Mr.  Beggs, 
and  the  court  allowed  them  to  go  in.  Mr.  Mills  then  read  the 
following  letter  from  John  F.  Beggs  to  Mr.  Spelman  under  date 
of  Feb.  16,  1889: 

"My  Dear  Sir  and  Brother:  I  am  directed  to  call  your 
jattention  to  the  following  subjects:  First,  it  is  charged  that  the 
S.  G.  of  the  Columbia  Club  (Dr.  Cronin's  camp)  at  a  recent 
meeting  read  to  the  assembled  members  the  proceedings  of  the 
trial  committee.  [This  refers,  of  course,  to  the  investigation  of 
the  Triangle,  the  minority  report  of  which  Dr.  Cronin  read.] 
Second,  I  am  directed  to  enter  the  protest  of  Camp  No.  20 
against  the  D's  in  Chicago  electing  or  initiating  men  until  their 
names  are  presented  to  D.  No.  20  and  the  other  D's  for  their 
consideration.  The  old  rule  by  communication  has  become  a 
dead  letter  since  the  formation  of  the  Central  Council,  and  I  am 
informed  that  said  council  has  not  held  a  legal  meeting  since  its 
formation.  Good  discipline  calls  for  an  investigation  of  the 
foregoing,  which  I  feel  you  will  attend  to.     Fraternally  yours, 

"J.  F.  Beggs,  S.  G.,  D.  20. 
"Don't  forget  our  reunion  Feb.  22." 

Mr.  Mills — The  next  letter  is  from  Edward  -Spelman  to 
Beggs,  and  is  dated  Feb.  17,  1889.     It  reads  as  follows  : 

"Friend  Beggs  :  Yours  of  yesterday  to  hand,  and  contents 
carefully  noted.  Will  you  kindly  refer  me  to  that  section  of  our 
law  where  I  am  empowered  to  inflict  a  penalty  on  a  S.  G.  for  dis- 
closing the  proceedings  of  a  trial  committee.  Under  the  con- 
stitution I  called  the  S.  G.  and  J.  G.  together  [meaning  Senior 
Guardian  and  Junior  Guardian]  for  the  purpose  of  forming  a 
council.  If  they  fail  to  perform  their  duty,  I  would  like  to  know 
how  I  can  remedy  the  evil  you  complain  of.    While  I  admit  that 


126  THE  DYNAMITE  WAR. 

no  person  should  be  admitted  in  Chicago  unless  his  proposition 
should  come  before  the  council  or  the  D's  in  your  city,  on  accept- 
ing the  x)Osition  of  the  D.  O.  [District  Officer],  I  felt  that  I 
should  be  able  in  my  own  way  to  effect  a  reconciliation  of  our 
people  in  Chicago.  But  I  must  confess  to  you  that  I  am  greatly 
disappointed.  My  position  is  this  :  That  if  any  person  who  is  a 
member  should  violate  the  law  he  should  be  tried  as  provided  by 
our  constitution.  What  is  the  fact.f*  Members  who  know  a 
wrong  go  around  the  street  and  go  from  one  D.  to  another  and 
talk  about  such  an  offense.  Then  they  report,  and  the  D.  O. 
is  a  figurehead.  I  will  take  no  notice  of  any  complaint  unless 
made  to  me,  and  if  I  have  authority  under  our  laws,  you  may  de- 
pend I  will  be  on  liand.  I  thank  3^ou  for  your  kindness,  and  dis- 
cipline is  our  only  safeguard.  If  you  see  where  I  can  act,  I  am 
at  your  command.  My  term  of  office  will  expire  at  this  month, 
and  God  knows  I  am  glad.  I  am  disgusted  with  the  conduct  of 
the  men  who  think  they  should  lead  the  Irish  people.  But  I 
think  it  is  dangerous  for  decent  men  to  associate  with  such 
scamps.     Thank  God,  proxies  no  longer  prevail. 

"Fraternally  yours,  D.  O.  16." 

The  next  letter  read  by  Mr.  Mills  was  from  Beggs  to  Spel- 
man,  and  was  dated  Feb.  18,  1889.     It  was  as  follows  : 

.  "Dear  Sir  and  Brother:  Yours  of  the  17  th  received.  I 
have  not  the  constitution  before  me,  and  therefore  cannot  point 
out  the  section  that  would  cover  the  matter  complained  of;  nor 
am  I  prepared  to  say  that  the  act  mentioned  was  a  violation  of 
any  written  law ;  but  that  it  was  very  unwise,  and  such  conduct 
as  is  prejudicial  to  the  good  of  the  order,  no  man  in  his  right 
senses  will  deny.  It  is  just  such  acts  that  keep  us  continually  in 
hot  water.  Why,  in  God's  name,  if  men  are  sincere,  will  they 
insist  upon  opening  old  sores  ?  The  majority  of  our  men  believe 
the  parties  charged  to  be  innocent  of  any  criminal  wrong,  and  to 
have  the  charges  made  continually  that  they  are  guilty,  creates  a 
bitterness  and  ill-feeling,  and  the  man  or  men  who  continue  to 
bring  the  charges  are  not  the  friends  of  Irish  unity.  What  earthly 
good  is  done  in  continuing  the  old  fight  ?  What  is  the  reason 
for  it.?  I  confess  I  can  give  no  answer.  If  we  are  true  men,  as 
we  profess,  we  will  rather  conciliate  than  keep  up  a  war  which 
can  only  lead  to  further  disunion.  The  rank  and  file  are  sincere. 
They  want  peace,  and  the  time  is  not  far  distant  when  they  will 


THE  DYNAMITE  WAR.  127 

have  it,  even  if  it  has  to  come  to  war.  I  am  anxious  for  a  better 
understanding  among  our  people,  and  will  do  anything  in  my 
power  to  obtain  unity.  The  matter  I  wrote  of  I  would  let  pass, 
if  I  could,  but  I  was  ordered  to  notice  it.  Personally,  I  think 
it  better  not  to  notice  such  things,  but  I  am  only  one.  The 
men  who  are  the  power  will  in  time  realize  the  motives  of  those 
who  are  continually  breeding  disorder  in  their  ranks,  and  a  day 
of  punishment  will  come.  I  am  very  much  discouraged  at  the 
present  outlook,  but  hope  no  trouble  will  result. 

"  Fraternally  yours,  J.  F.  Beggs." 

This  correspondence  had  only  taken  place  after  a  most  ex- 
citing scene  in  Camp  20. 

The  theory  of  the  prosecution  is  that  a  trial  committee  in 
Camp  20  was  appointed,  and  that  Dr.  Cronin  was  tried  by  it. 
That  this  theory  is  based  upon  street  gossip  rather  than  upon  any 
firm  foundation  was  shown  by  the  failure  of  the  State  to  estab- 
lish that  Cronin  was  tried  by  the  Clan — a  failure  which  was  as 
marked  as  it  was  complete. 


Dr.  Philip  Patrick  Henry  Cronin. 


(128) 


BOOK  II 


THK  BIvOW  IN  THK  DARK, 


Chapter  I. 

P.  H.  Cronin  in  Chicago  and  St.  Louis — His  Birth  and  Family — 
Learning  to  Sing — Was  He  a  Militiaman  ? — Two  Sides  to  a 
Vexed  Question — He  Studies  Medicine — Personal  Traits — 
Cronin  and  tho  Cat — He  Joins  the  Clan-na-Gael — Cronin  and 
the  Foresters — His  Friendship  for  John  Devoy — He  Attacks 
the  Triangle. 

R.  P.  H.  CRONIN  was  a  fine-looking,  muscular  man,  with 
a  clear,  bold  eye,  a  resolute  jaw,  and  refined  features  of 
the  best  Irish  type.  He  was  born  at  Buttevant,  near 
Cork,  in  the  year  1846,  and  was  taken  by  his  family, 
while  quite  young,  to  Canada.  In  1869  he  moved  to  St.  Louis. 
He  had  a  fine  tenor  voice,  which  he  cultivated  assiduously, 
and  he  became  known  through  the  town  for  his  excellent  sing- 
ing. It  was  his  magnificent  voice  which  attracted  the  attention 
of  R.  P.  Tansey,  one  of  the  solid  men  of  St.  Louis,  and  the  presi- 
dent of  the  Transfer  Company.  Cronin  had  taken  the  first  work 
he  could  find,  and  was  at  the  time  a  porter  in  the  wholesale  house 
of  J.  H.  Shields  &  Co.  Tansey  made  him  a  conductor  on  one  of 
the  transfer  omnibuses,  and  soon  afterwards  he  was  made  city  ticket 
agent  of  the  new  St.  Louis  and  Southeastern  Railway,  and  kept  an 
office  at  the  corner  of  Fourth  and  Walnut  streets  for  a  period  of 
four  years. 

About  the  time  he  secured  this  position  he  became  a  member 
of  the  choir  of  the  Second  Baptist  Church.  Here  he  made  many 
friends  and  acquaintances  by  his  affable  demeanor  and  exemplary 
deportment.  He  concluded  he  would  like  to  go  into  the  drug 
business,  and  got  the  Bagnall  Brothers,  prominent  railroad  build- 

(129) 


130  THE  BLOW  IN   THE  DARK. 

ers,  to  put  up  money  for  him.  He  opened  a  nobby  store  at  the 
corner  of  Garrison  and  Easton  avenues,  and  at  once  entered  upon 
a  course  in  the  Missouri  School  of  Pharmacy.  This  was  in  the 
latter  part  of  the  70's.  He  took  only  a  half  course,  when  he  con- 
cluded to  study  medicine,  and  after  two  sessions  at  the  Missouri 
Medical  College  he  came  out  an  M.  D.,  and  the  proprietor  of  a 
sheepskin.  He  opened  an  office  at  the  corner  of  Easton  and  Gar- 
rison avenues,  and  was  regarded  as  a  specialist  in  throat  and  lung 
diseases.  Later  he  sold  the  store,  and  the  stock  became  the  sub- 
ject of  litigation,  running  through  all  the  courts.  Moving  down 
town,  Dr.  Cronin  formed  a  partnership  with  Dr.  Mclntyre,  and 
became  quite  well  known  as  a  secret-order  man,  being  medical  ex- 
aminer in  several  societies. 

About  the  year  1 880  he  went  to  Europe,  being  an  honorary 
commissioner  to  the  Paris  Exposition.  He  was  the  originator  of 
the  St.  Louis  Legion  of  Honor,  and  was  medical  examiner  of  the 
Alpha  Council.  He  was  also  a  prominent  member  of  the  Royal 
Arcanum,  Chosen  Friends,  and  other  secret  societies.  In  connec- 
tion with  several  other  medical  men  he  revived  the  old  College 
of  Physicians  and  Surgeons,  and  held  the  chair  of  professor  of 
eye  and  ear  diseases. 

As  to  his  Canadian  experiences  a  great  many  stories  have 
been  told. 

In  the  protest  which  Alexander  Sullivan  made  against  Cron- 
in's  appointment  on  the  investigating  committee  which  was  to 
try  the  old  Triangle,  Sullivan  said: 

"I  have  further  investigated  his  record  and  find  that  in  civil 
matters  outside  of  this  organization  he  is  also  a  perjurer.  The 
record  obtained  from  Ireland  by  William  J.  Fitzgerald,  a  solici- 
tor at  Mallow,  recommended  to  me  by  Mr.  Healey,  shows  that 
Cronin  was  baptized  at  Buttevant,  April  20,  1844.  Cronin  has 
sworn  that  he  lived  at  St.  Catherines,  Canada,  until  after  the 
assassination  of  President  Lincoln,  April  14,  1865.  The  Capt. 
McDonald  of  No.  2  company,  Nineteenth  battalion  of  Canadian 
militia,  of  which  this  P.  H.  Cronin  was  a  member,  says  that  at  its 


THE  BLOW  IN   THE  DAKK.  131 

formation  in  1862  or  1863  he  had  P.  H.  Cronin  in  his  company, 
or  shortly  after  its  formation.  He  was  known  as  the  singer 
Cronin.  At  the  time  of  joining  he  took  the  oath  of  allegiance  as 
follows:  'I  swear  I  will  bear  true  and  faithful  allegiance  to  her 
Majesty  the  Queen,  her  heirs  and  successors.'  About  1863  posi- 
tive orders  were  sent  from  the  Government  that  every  man  had 
to  take  the  oath  of  allegiance,  and  that  there  were  none  under  his 
command  who  did  not  take  it.  The  official  records  show  that 
Cronin's  father,  John  V.  Cronin,  was  a  British  subject,  and  voted 
in  Canada  up  to  the  time  of  his  death,  so  that  P.  H.  Cronin,  until 
1865  or  1866,  when  he  left  Canada,  was  a  British  subject,  and  if, 
as  he  claims,  his  father  was  naturalized  in  the  United  States  be- 
fore going  to  Canada,  he  voluntarily  abandoned  his  American 
citizenship  and  resumed  his  position  as  a  British  subject,  just  as 
P.  H.  Cronin  voluntarily  swore  allegiance  to  the  British  majesty, 
and  became  one  of  her  loyal  British  militiamen. 

"Yet  this  creature  swore  in  his  name  as  a  legal  voter  in  St. 
Louis,  Mo.,  and  voted  in  that  city,  as  he  confessed  under  oath. 
After  coming  to  Chicago  and  residing  here  one  year  he  sneaked 
down  to  Macoupin  County,  Illinois,  doubtless  being  afraid  of 
attracting  attention  in  Chicago,  and  swore  that  he  arrived  in  the 
United  States  a  minor,  under  the  age  of  twenty-one  years;  that  he 
resided  in  the  United  States  three  years  preceding  his  arrival 
at  the  age  of  twenty-one  years.  He  professed  to  have  believed 
that  he  was  born  in  1856  and  not  in  1844.  But  even  if 
that  were  true,  he  was  over  nineteen  years  old  when  he  left 
Canada,  because  he  has  sworn  that  he  was  yet  in  Canada 
when  President  Lincoln  was  assassinated  and  that  he  came  to  the 
United  States  in  1865  or  1866;  yet  he  swore  he  resided  in  the 
United  States  three  years  preceding  his  arrival  at  the  age  of 
twenty -one  years  and  thus  secured  his  papers  on  the  minor  peti- 
tion falsely  sworn  to." 

As  to  the  investigation  which  was  made  into  his  record  and 
the  method  in  which  it  was  conducted,  R.  S.  lies,  a  lawyer  whose 
office  was  in  the  same  building  with  Cronin,  made  the  following 
statement  at  the  Coroner's  inquest  on  Cronin's  body: 

"  Some  time  in  the  latter  part  of  spring  or  early  summer  of 
1887  Dr.  Cronin  called  at  my  office  and  said  he  wished  to  consult 
with  me  professionally  on  an  important  matter.     I  was  busy  at 


132  THE  BLOW  IN   THE  DARK. 

that  time,  and  he  left  word  that  he  would  call  again.  I  met  him 
later  in  the  day,  and  we  both  went  into  the  private  office,  where 
he  told  me  he  had  evidence  th^lt  convinced  him  that  there  was  a 
conspiracy  against  him  by  certain  parties  in  Chicago.  He  then 
proceeded  to  state  that  he  had  been  called  upon  by  a  certain  lawyer 
in  town  and  requested  to  act  as  an  expert  witness  in  a  case.  Some 
damage  suit,  I  believe  it  was,  that  had  been  brought  in  some  other 
State.  A  subpoena  was  served  upon  him,  and  he  went  before  a 
justice  of  the  peace;  I  think  it  was  either  Lyon  or  Prindiville.  He 
was  asked  a  few  unimportant  questions  in  the  examination  in 
chief,  but  when  it  came  to  the  cross-examination  it  was  carried  on 
at  great  length.  The  lawyer  who  cross-examined  him  went  back 
into  his  private  history  and  into  a  whole  lot  of  matters  that  he 
considered  did  not  pertain  to  the  issue  at  all.  He  remonstrated 
occasionally  himself,  but  he  was  nevertheless  cross-examined  in 
this  way  for  an  hour  or  two. 

''  Some  time  after  he  was  again  asked  to  testify,  but  the  case 
this  time  was  located  somewhere  in  New  York.  He  was  taken 
before  one  of  these  justices  and  treated  in  the  same  way.  Soon 
after  that  he  received  a  letter  from  his  sister  in  St.  Catherines 
who  said  that  two  men  had  been  there  and  said  that  it  was  on  a 
mattSr  of  great  importance  to  him ;  that  it  was  in  reference  to 
some  property  that  would  be  of  great  value  to  Dr.  Cronin.  He 
said  from  this  fact  and  the  nature  of  the  cross-examinations  to 
which  he  was  subjected  it  excited  his  suspicions,  and  he  wrote  to 
New  York  and  found  that  there  was  no  such  case  in  the  courts 
of  New  York  city  as  that  to  which  he  had  been  called  upon  to 
testify.  I  directed  him  to  see  if  he  could  not  get  some  facts  that 
would  locate  the  source  of  this  conspiracy,  and  he  told  me  the 
names  of  some  of  the  parties  he  suspected.  There  were  three 
lawyers,  two  of  whom  I  remember  distin(;tly." 

"  Please  give  the  names  of  the  lawyers  to  the  jury." 

"  The  lawyer  that  called  upon  him  he  said  was  named  Starkey. 
I  don't  remember  his  initials.  The  attorney  who  cross-examined 
him  was  C.  M.  Hardy,  and  the  attorney  who  acted  for  the  prose- 
cution was  Callaghan.  He  did  not  place  any  great  emphasis  upon 
Callaghan's  name,  however.  The  names  that  he  mentioned  speci- 
ally were  Starkey  and  C.  M.  Hardy." 

"  What  did  Dr.  Cronin  say  to  you  as  to  the  conspiracy 
against  him .?" 


THE  BLOW  IN   THE  DARK.  133 

*'  He  said  that  he  was  convinced  that  there  was  a  deep-laid 
plot  to  ruin  him.'* 

"  Did  he  mention  the  names  of  any  of  the  persons  organizing 
the  conspiracy  or  who  were  conducting  it  ?" 

"  Yes.     The  man's  name  was  Alexander  Sullivan." 

"  Do  you  remember  his  words — what  he  mentioned  in  con- 
nection with  Sullivan's  name  .?" 

"  I  asked  him  what  evidence  he  had  that  would  convict  Mr. 
Sullivan,  as  he  was  consulting  me  about  bringing  an  action  against 
both  him,  Starkey  and  Hardy.  He  said  Mr.  Sullivan  had  a  great 
enmity  to  him — that  in  fact  they  were  sworn  enemies.  He  said 
their  enmity  was  brought  about  in  a  manner  that  just  at  present 
he  did  not  care  to  explain ;  that  Sullivan  had  for  a  long  time  been 
trying  to  ruin  his  reputation  because  of  this,  and  had  employed 
detectives  to  go  to  St.  Catherines  and  shadow  him  everywhere, 
and  lawyers  to  bring  him  up  and  cross-examine  him  in  bogus 
cases  with  a  view  of  getting  something  against  him  that  would 
ruin  his  character.  Dr.  Cronin  said  that  he  was  not  afraid  of  his 
reputation,  because  that  was  clean;  that  he  was  not  afraid  of  anj^- 
thing  in  that  line,  but  that  he  did  not  propose  to  be  hounded  in 
that  way.  He  finally  closed  his  remarks  by  springing  up^off  the 
lounge  and  exclaiming:  'Alexander  Sullivan  is  as  black  as  hell. 
He  has  tried  to  ruin  my  reputation,  and,  failing  in  that,  he  will 
seek  my  life.' " 

"  Did  he  say  that  he  thought  those  attorneys  were  parties  to 
that  conspiracy  ?" 

"  Well,  he  thought  they  were  employed  to  carry  it  out." 

Here,  then,  are  both  sides  of  the  charge. 

However  this  may  have  been,  Cronin  was  certainly  a  most 
popular  man  with  all  who  knew  him.  Partlj^  this  is  to  be  ac- 
counted for  by  his  steady  good  nature  and  affability.  It  is  a 
trait  that  shows  his  character,  that  he  was  very  fond  of  animals. 
Once  in  St.  Louis,  while  practicing  medicine,  a  poor  gutter-wan- 
dering feline,  which  was  ugly  and  dirty  and  had  a  broken  leg 
beside,  was  found  near  his  office.  The  Doctor's  first  impulse  was 
to  end  the  poor  creature's  misery  as  painlessly  as  possible.  Just 
as  he  was  about  to  chloroform  it  and  kill  it,  the  poor  beast  stroked 
his  hand  with  its  paw.     The  caress  affected  him  so  much,  that  he 


134  THE  BLOW  IN   THE  DARK. 

put  the  broken  leg  in  splints  and  kept  the  cat  for  years,  a  prime 
favorite  and  pet  in  his  office. 

Cronin  was  always  an  enthusiastic  Irish  revolutionist.  In  St. 
Louis  he  had  given  proof  of  his  attachment  to  the  cause.  He 
joined  the  Clan-na-Gael  and  was  rapidly  advanced  to  offices  of 
trust  in  the  organization. 

Cronin  came  to  Chicago  in  1882  and  rapidly  made  for  him- 
self a  reputation  and  a  paying  practice.  He  was  a  member  of 
a  great  many  benevolent  societies,  the  Foresters,  the  Royal 
League,  and  others,  and  few  men  in  the  short  space  of  half  a 
dozen  years  have  made  so  wide  a  circle  of  warm  friends. 

He  steadily  continued  his  interest  in  Irish  affairs.  He  was 
one  of  the  stockholders,  directors  and  editors  of  the  Celto- 
American,  a  weekly  paper  devoted  to  the  Irish-American  cause. 

He  was  not  married  and  had  no  relatives  in  Chicago.  His 
only  sister,  Mrs.  Carroll,  lives  in  St.  Catherines,  Canada,  and  he 
had  a  brother,  John,  engaged  in  farming  near  Fort  Smith,  Ark. 
He  had  two  nieces  in  convents  in  Canada,  one  of  them  being 
Sister  Mary  Anselm,  of  St.  Joseph's  Convent,  Hamilton. 

Dr.  Cronin  was  a  very  devout  Catholic,  and  had  letters 
from  Archbishop  Ryan,  Gen.  W.  T.  Sherman,  and  others,  intro- 
ducing him  when  he  came  to  Chicago. 

It  was  Dr.  Cronin's  connection  with  the  Clan-na-Gael  which 
brought  him  into  contact  with  John  Devoy,  Luke  Dillon,  Edward 
O'Meagher  Condon,  and  the  other  leaders  of  the  anti-Triangle 
crusade  in  this  society. 

He  cast  in  his  lot  heartily  with  these  men,  and  seems  to  have 
been  from  the  first  one  of  the  most  eager  opponents  of  Alexander 
Sullivan,  Feeley  and  Michael  Boland.  His  charges  against  them 
were  made  again  and  again,  and  the  whole  strength  of  his  nature 
was  thrown  into  the  fight.  Being  one  of  the  most  combative  of 
men,  the  bitterness  which  soon  arose  may  be  guessed  at. 

Luke  Dillon's  evidence  at  the  inquest  throws  much  light  on 
this  trouble: 


THE  BLOW  IN   THE  DARK.  135 

"  You  speak,"  said  the  Coroner,  "  about  a  trial  having  been 
held  in  Buffalo,  N. Y.     When  was  that  trial  held  ? " 

''  About  one  year  ago." 

"  Who  were  tried  ?  " 

"Alexander  Sullivan,  Dennis  C.  Feeley  of  Rochester,  and 
Col.  Michael  Boland  of  Kansas  City." 

*'  What  were  the  charges  against  them  ? " 

"  There  were  two  sets  of  charges,  one  brought  by  one  John 
Devoy,  charging  them  with  spending  $128,000  without  the  per- 
mission of  the  home  organization,  notwithstanding  their  agree- 
ment with  our  organization  to  spend  no  money  without  our 
sanction.  My  charges  were  that  they  had  spent  $87,000  and  had 
failed  to  account  fur  it.  The  charges  extended  over  two  years,  I 
think,  from  1885  to  1887." 

"At  the  gathering  of  that  trial  committee  you  stated  that 
Mr.  Sullivan  objected  to  Dr.  Cronin  serving  on  that  committee.?" 

"  Yes,  on  the  ground  that  he  was  not  a  gentleman  —  that  he 
was  a  personal  enemy,  and  other  more  abusive  charges,  which  I 
failed  to  remember." 

"  Did  the  trial  proceed  ? " 

"  Yes,  the'trial  proceeded,  notwithstanding  his  objections." 

"  Did  Dr.  Cronin  act  as  a  member  of  that  committee  .?" 

"Dr.  Cronin  acted  as  a  member  of  that  committee  in  the 
capacity  of  a  juror." 

"  Can  you  give  this  jury  any  information  why  Alexander 
Sullivan  should  be  an  enemy  of  Cronin  .?" 

"  I  can't  give  any  reason  except  that  of  personal  revenge." 

"  For  what  ? " 

"  The  enmity  he  bore  the  man.  Because  the  man  found  him 
guilty  of  crime  and  thievery  and  treacherous  conduct  to  the 
members  of  the  organization." 

"  B}^  this  man  you  mean " 

"  Cronin." 

"At  the  time  of  the  existence  of  the  so  called  Triangle,  com- 


136  THE  BLOW  IN   THE  DARK. 

posed  of  Sullivan,  Boland  and  Feeley,  did  you  know  of  their  be- 
traying any  members  of  the  order  ?" 

"No ;  but  I  believe  men  have  been  betrayed." 

"Could  these  men,  do  you  believe,  have  been  betraj^ed  ex- 
cept with  the  knowledge  of  the  executive  or  except  through  in- 
formation furnished  by  the  executive  ?" 

"No.     They  could  not  otherwise  have  been  betrayed." 

"And  men  were  betrayed,  you  say  ?" 

"I  believe  so." 

^"Were  these  men  known  to  anybody  outside  of  the  Triangle  .''" 

"They  were  not  supposed  to  be  known." 

"If  known,  where  would  those  outside  of  the  Triangle  have 
got  their  information .?" 

"The  executive." 

"At  the  time  they  were  betrayed,  who  formed  the  execu- 
tive ?" 

"Alexander  Sullivan,  Dennis  C.  Feeley  and  Michael  Bo- 
land r 

"Have  3^ou  heard  from  any  members  of  the  order  that  Dr. 
Cronin  had  charged,  at  any  trial  which  has  taken  place,  that  Sulli- 
van had  anything  to  do  with  betraying  members  •of  the  order .?" 

"No,  I  don't  think  the  Doctor  ever  charged  that  against  Alex- 
ander Sullivan,  but  he  has  told  me  that  he  believed  that  men  had 
been  betrayed  through  the  intimacy  existing  between  Alexander 
Sullivan  and  Le  Caron." 

With  such  charges  as  these  being  made,  and  with  counter 
charges  equally  bitter  coming  from  the  other  side,  no  one  will  won- 
der that  there  had  been  a  serious  split  in  the  organization. 

When,  later,  the  body  of  the  dead  man  was  found,  Jolin  De- 
voy  charged  that  there  was  a  general  conspiracy  to  rmtrder  the 
anti-Triangle  leaders.     Said  he: 

"There  are  many  thousands  of  Irishmen  in  America  who  will 
have  no  doubt  as  to  the  murderers.  No  matter  who  the  thugs 
were  who  did  the  killing,  those  who  incited  them  to  the  murder 


THE  BLOW  IN  THE  DARK;  137 

are  easily  placed.  If  the  police  of  Chicago  do  their  dtity,  the 
murderers  will  be  promptly  arrested,  and  I  have  no  fear  of  the 
gallows  being  cheated.  Dispatches  have  been  published  from  Chi- 
cago stating  that  Cronin  was  'the  leader  of  the  radical  section  of 
the  Irish  Nationalists ;  that  he  had  many  bitter  enemies  among  the 
moderates  and  that  he  was  a  personal  friend  of  Le  Caron,  the  Brit- 
ish spy.'  The  statements  contain  a  clew.  Nobody  knows  better 
than  the  Chicago  journalists  that  Cronin  was  a  man  of  moderate 
views  on  Irish  affairs,  and  that  his  only  enemies  were  among  a  set 
of  self-styled  radicals  who  trade  on  Irish  nationality,  and  whose 
insincerity  Cronin  had  exposed.  Moderate  men  do  not  commit 
murders.  The  moderate  men  of  Chicago  had  no  quarrel  with 
Cronin.  Other  people  had,  and  had  threatened  his  life  and  the 
lives  of  others  more  than  once.  Le  Caron,  the  British  spy,  swore 
before  the  Parnell  Commission  that  he  was  a  member  of  a  trial 
committee  which  expelled  Cronin  from  an  Irish  organization  for 
treason.  That  evidence  has  been  published,  and  it  shows  how 
much  of  a  'friend  of  the  British  spy'  Cronin  was.  This  statement 
about  his  being  a  friend  of  Le  Caron  and  a  radical,  is  not  made 
innocently,  but  for  a  purpose.  The  public  will  understand  now 
why  I  resented  being  called  a  traitor  by  Patrick  Egan.  Calling  a 
man  a  traitor  in  the  Irish  national  movement  is  an  incitement  to 
his  assassination.  Cronin  and  others,  including  myself,  have  been 
called  'traitors'  behind  our  backs  for  three  or  four  years.  If 
Cronin  has  been  murdered,  the  men  who  called  him  traitor  are  his 
murderers.  It  is  about  time  this  question  of  traitors  was  investi- 
gated. I  hope  the  Cronin  matter  will  lead  to  such  a  thorough 
and  searching  investigation  that  the  real  criminals  will  at  last  be 
brought  to  light,  and  that  justice,  long  cheated,  will  at  last  send 
them  to  the  gallows. 

"The  charges  preferred  by  me  against  Alexander  Sullivan, 
Michael  Boland  and  Dennis  C.  Feeley,  and  which  were  referred 
to  by  Luke  Dillon,  of  Philadelphia,  in  his  testimony  before  the 
Coroner  in  Chicago,  related  solely  to  the  funds  and  the  manage- 


138  THE  BLOW  IN   THE  DARK. 

ment  of  the  Clan-na-Gael.  I  have  never  made  any  charges  against 
any  one  living  or  dead  in  connection  with  the  Land  League  or 
National  League  funds.  Yet  the  report  of  the  committee  was  de- 
layed for  months  on  the  pretense  that  its  circulation  among  the 
members  would  aid  the  London  TVmes  in  its  case  against  Parnell. 
That  statement  was  industriously  circulated  for  the  express  pur- 
pose of  creating  a  feeling  against  those  who  made  the  charges  and 
who  favored  the  placing  of  the  evidence  before  the  members. 
Worse  than  this,  Mr.  Parnell  was  informed  that  I  was  making 
charges  of  misappropriation  of  Land  League  funds  for  the  express 
purpose  of  helping  the  London  Times.  The  idea  that  those  op- 
posed to  financial  and  political  dishonesty,  to  fraud  and  pretense 
of  patriotism,  were  either  themselves  in  the  pay  of  the  British 
Government,  or  were  tools  in  the  hands  of  a  spy,  was  sedulously 
fostered,  so  that  investigation  might  be  stifled  and  the  worst  set 
of  knaves  who  ever  traded  on  a  good  cause  might  be  left  free  to 
continue  their  evil  work. 

"The  published  interviews  with  Alexander  Sullivan,  Patrick 
Egan,  Dennis  C.  Feeley,  Gen.  Kerwin  and  others,  and  the  private 
speeches  of  Michael  Boland,  had  all  the  same  purpose — to  fill  the 
minds  of  unthinking  men  with  the  belief  that  a  traitor  was  in 
their  midst.  These  published  interviews  showed  the  existence  of 
a  conspiracy  to  defame,  and  defamation  in  that  sense,  among  Irish- 
men of  extreme  views,  is  an  incitement  to  murder.  Cronin's 
murder  was  preceded  by  several  years  of  persistent  defamation. 
The  public  courts  were  prostituted  to  the  vile  purpose,  and  pub- 
lic officials  and  lawyers  lent  themselves  to  it  for  pay.  Private  de- 
tectives and  a  lawyer  of  bad  character  were  employed  to  scour 
this  country,  Canada  and  Ireland  for  evidence,  good  or  bad,  to 
blast  his  reputation.  The  men  who  paid  for  all  this  dirty  work 
could  not  afford  the  money  from  their  own  pockets.  Where  did 
they  get  it,  and  for  what  purpose  did  they  want  the  evidence  ? 

"Cronin's  life  had  been  repeatedly  threatened  because  of  his 
action  in  connection  with  these  charges  of  dishonesty.    Is  it  un- 


THE  BLOW  IN   THE  DARK.  139 

fair  or  unreasonable  to  claim  that  the  men  who  hounded  him  to 
death  are  morally  responsible  for  his  murder,  even  if  their  direct 
complicity  in  the  actual  perpetration  of  the  crime  can  not  at  pres- 
ent be  proved  ?  I  have  no  hesitation  in  expressing  my  belief  that 
there  exists  to-day  a  conspiracy  to  murder  a  number  of  men,  of 
whom  I  am  one;  that,  although  the  men  engaged  in  it  are  few, 
they  live  in  various  parts  of  the  United  States,  and  are  now  en- 
gaged in  a  desperate  effort  to  suppress  the  evidence  that  would 
convict  the  murderers  of  Cronin." 


Chaptee  II. 

Alexander  Sullivan — In  Detroit  and  Chicago — His  Character  and 
his  Friends — The  Hanford  Case — His  Work  for  Ireland — 
How  Sullivan  is  Regarded  in  the  Old  Country — Davitt  and 
Parnell — Sullivan  and  Egan — Blaine's  Friendship — The 
Charges  at  Toronto — The  Newspaper  Attack — Fair  and  Un- 
fair Criticism — Paying  off  Old  Scores — Cronin's  Circular  as 
a  Text. 


i 


r 


NEAT,  rather  small-sized  man,  always  dressed  most  ac- 
curately in  black,  always  clean-shaven,  always  courteous 
and  always  pleasant,  is  Alexander  Sullivan.  He  has  al- 
most a  clerical  appearance.  His  face  is  a  striking  one, 
more  perhaps  for  the  eyes  than  for  any  other  feature — a  dark, 
piercing  and  magnetic  pair  they  are.  Nobody  ever  came  into 
anything  like  close  relations  with  Alexander  Sullivan  without 
liking  him  thoroughly  or  hating  him  thoroughly.  He  is  a  most 
positive  man,  a  powerful  man,  and  one  who  out  of  the  very  nature 
of  things  was  born  to  be  a  leader. 

Sullivan  was  born  in  Maine,  but  moved  early  to  Detroit. 
After  working  for  some  time  in  a  retail  boot  and  shoe  store,  he 
started  in  business  for  himself  in  the  same  line,  but  was  burned 
out,  and  then  went  to  Santa  Fe,  N.  M. 

He  was  poor,  and  worked  on  a  jjaper  at  Santa  Fe  for  awhile. 
Then  his  talents  brought  him  to  the  front,  and  in  the  latter  part 
of  1867  he  was  appointed  Postmaster  at  the  ancient  city  of  Santa 
Fe.  In  1868  he  returned  to  Michigan,  and  took  the  stump  for 
Gen.  Grant,  who  was  then  running  for  President  for  the  first  time. 
Being  a  forcible  and  entertaining  talker,  he  made  a  record  for 
himself.  In  June,  1869,  Grant  appointed  him  Collector  of  Inter- 
nal Revenue  for  the  Territory  of  New  Mexico.  He  was  removed 
as  Collector  in  September,  1870,  and  was  succeeded  by  Gen.  Gus- 

(UO) 


THE  BLOW  IN   THE  DARK.  141 

tavus  Smith  of  Decatur.  He  purchased  the  Santa  Fe  Gazette,  si. 
weekly  Democratic  paper,  in  September,  1869,  and  ran  it  as  the 
Santa  Fe  Post  until  1871.  It  was  independently  Republican  in 
politics. 

In  the  spring  of  1870  Sullivan  had  a  shooting  affray  with  H. 
H.  Heath,  then  Secretary  for  the  Territory.  Neither  man  was 
hurt,  although  Sullivan  ernptied  his  six-shooter  at  Heath,  and  the 
latter  returned  the  fire.  The  shooting  was  the  result  of  a  publica- 
tion denouncing  Heath,  which,  it  was  claimed,  had  been  inspired  by 
trouble  over  a  woman. 

The  newspaper  was  finally  a  failure,  and  Sullivan  left  Santa 
Fe,  going  to  Washington,  and,  finding  nothing  in  store  for 
him  there,  drifted  to  New  York,  and  in  1873  came  to  Chicago. 
Here  he  obtained  employment  successively  on  the  Evening  Post, 
the  Inter- Ocean  and  the  Times.  He  was  employed  upon  the 
Times  as  political  reporter.  The  campaign  of  1873  was  a  very 
bitter  one.  It  was  the  fight  between  the  Hesing-O'Hara  combina- 
tion, as  the  people's  party  was  called  by  its  enemies,  and  the  law 
and  order  party,  in  which  the  former  won  by  10,000  majority, 
Dan  O'Hara  being  elected  City  Treasurer  over  David  A.  Gage, 
and  H.  D.  Colvin  Mayor.  Hesing's  paper,  the  Siaats-Zeitung, 
was  the  only  paper  in  the  city  which  stood  up  for  the  people's 
party. 

At  Dan  O'Hara's  request,  Sullivan  was  made  Secretary  of 
the  Board  of  Public  Works  in  less  than  a  year  after  his  arrival 
in  Chicago.  Hesing  was  furious  over  this  appointment,  and  he 
denounced  all  who  had  a  hand  in  it. 

In  1874,  Mr.  Sullivan  married  Miss  Margaret  F.  Buchanan, 
who  was  a  writer  for  the  Evening  Post  and  the  Times  among  other 
papers,  and  whom  he  had  first  met  when  he  was  a  school  teacher 
in  Detroit.  Mrs.  Sullivan  is  recognized  as  one  of  the  most  bril- 
liant editorial  writers  in  America. 

The  killing  of  Francis  Hanford,  principal  of  the  North  Divis- 
ion High  School,  on  the  evening  of  August  7, 1876,  is  historic. 


142  THE  BLOW  IN   THE  DARK. 

The  shooting  caused  a  tremendous  excitement  in  the  community, 
and  the  subsequent  trials  of  Sullivan  attracted  universal  attention. 
The  causes  which  led  to  the  killing  of  the  school  principal  are  to 
be  found  in  the  history  of  the  Board  of  Education  about  that 
time.     The  Times  thus  reproduced  the  history  of  the  affair: 

"Mr.  Hanford  had  been  Assistant  Superintendent  of  Schools, 
but  he  was  superseded  by  Duane  Doty,  of  Detroit,  a  great  friend 
of  Mr.  and  Mrs.  Sullivan,  and  sent  to  the  North  Side  schools. 
He  felt  his  reduction  in  office  very  keenly,  and  his  friends  ascribed 
the  change  to  the  influence  of  the  SuUivans.  Mr.  Hanford  himself 
wrote  a  letter  to  Alderman  Van  Osdel,  Chairman  of  the  Committee 
on  Schools  of  the  City  Council,  objecting  to  the  confirmation  of 
certain  appointees  of  the  Board  of  Education.  This  communica- 
tion, although  a  confidential  one,  Van  Osdel  read  in  the  City 
Council.  Sullivan,  who  was  Secretary  of  the  Board  of  Public 
Works,  was  present  in  the  lobby. 

"Hanford's  letter,  among  other  things,  contained  the  follow- 
ing language  about  Mrs.  Sullivan :  'The  instigator  and  engineer- 
in-chief  of  all  deviltry  connected  with  the  legislation  of  the 
board  is  Mrs.  Sullivan,  wife  of  the  Secretary  of  the  Board  of  Pub  ■ 
lie  Works.  Her  influence  with  Colvin  (the  Mayor)  was  proven 
by  her  getting  Bailey  dismissed  and  her  husband  appointed  in  his 
stead.' 

"Sullivan  at  once  obtained  a  copy  of  the  above  paragraph 
from  the  letter,  and  started  for  home.  He  ordered  a  carriage  at 
Huber's  livery  stable,  on  State  Street,  near  Oak,  and  a  short  time 
afterward  started  from  his  house,  ^78  Oak  Street,  for  Hanford's 
residence.  In  the  carriage  with  Sullivan  were  his  wife  and  his 
brother,  Florence  T.  Sullivan.  Hanford  then  lived  on  Oak, 
Street,  between  Clark  Street  and  La  Salle  Avenue,  on  the  north 
side  of  the  street.  His  wife  and  children  were  seated  on  the  front 
steps,  watching  Mr.  Hanford  water  tlie  little  grass  plot  in  front  of 
the  house.  He  was  thus  engagedwhen  the  Sullivan  party  drove  up. 
Alexander  Sullivan  and  his  brother  stepped  out  on  the  sidewalk. 
Mrs.  Sullivan  remained  in  the  carriage.  Sullivan,  walking  up  to 
Hanford,  demanded  a  retraction  of  the  letter,  and  followed  up  his 
demand  with  a  violent  blow  on  the  face.  Hanford  fell  bleeding. 
When  he  regained  his  feet  and  struck  back,  Sullivan  drew  his  re- 
volver and  shot  Hanford,  the  latter  dying  thirty  minutes  after- 
ward." 


Alexander  Sullivan. 


[143] 


144  THE  BLOW  IN   THE  DARK. 

Mrs.  Sullivan  and  Florence  T.  Sullivan  then  went  home  in 
the  carriage,  Alexander  having  been  taken  in  charge  by  a  police- 
man who  had  arrived  on  the  scene. 

Sullivan  was  tried  twice  for  murder.  The  first  trial  took 
from  Oct.  16  to  Oct.  27,  1876,  and  resulted  in  a  disagreement,  the 
jury  standing  eleven  for  acquittal  and  one  for  conviction.  In 
this  trial  he  was  defended  by  Leonard  Swett,  "W.  W.  O'Brien  and 
Thomas  A.  Moran.  Charles  H.  Reed  prosecuted.  The  second 
trial,  in  which  he  was  defended  by  Leonard  Swett,  Emory  Storrs, 
W.  J.  Hynes  and  Thomas  A.  Moran,  took  place  in  March,  1877. 
Luther  Laflin  Mills  prosecuted.  The  jury,  after  having  been  out 
a  few  minutes,  brought  in  a  verdict  of  not  guilty. 

Sullivan  was  placed  on  the  stand  in  his  own  defense.  In  the 
course  of  his  statement  he  told  the  following  story  of  his  life : 

He  was  born  in  the  city  of  Waterville,  Me.,  and  was  married 
in  the  city  of  Detroit  Nov.  24,  1874.  He  first  became  acquainted 
with  his  wife  in  1867,  when  he  was  keeping  a  retail  boot-and-shoe 
store  in  Detroit  and  his  wife  was  a  teacher  in  the  Detroit  public 
schools.  His  wife  had  come  to  Ci^iicago  in  1870  or  1871,  and  had 
first  worked  in  the  Harper  bookstore  and  afterward  on  the  Even- 
ing Post  and  other  papers.  He  did  not  come  to  Chicago  himself 
until  the  spring  of  1873.  Prior  to  coming  to  Chicago  and  after 
leaving  Detroit  he  had  lived  in  New  Mexico.  He  had  gone  there 
in  1869,  and  had  been  made  Collector  of  Internal  Revenue  in  1869 
by  President  Grant.  Besides  being  Collector  of  Internal  Reve- 
nue in  New  Mexico,  he  was  at  times  postmaster  and  editor  of  a 
paper.  From  New  Mexico  in  1872  he  went  to  Washington,  from 
Washington  to  New  York,  and  from  New  York  he  came  to  Chi- 
cago, arriving  here  in  the  spring  of  1873.  He  worked  on  several 
different  papers  inside  a  few  months,  and  before  he  was  a  year  in 
the  city,  he  testified,  he  was  made  secretary  of  the  Board  of  Pub- 
lic Works,  which  he  held  until  he  killed  Hanford.  On  cross-ex- 
amination Sullivan  testified  that  he  had  been  shot  at  in  Detroit, 
•but  had  never  fired  at  any  one  himself.  Since  coming  to  Chicago 
he  had  a  row  with  John  J.  Fitzgibbon  and  haxi  a  revolver  with 
him  at  the  time,  but  did  not  use  it. 


THE  BLOW  IN   THE  DARK.  U^ 

In  1879,  having  in  the  meantime  been  admitted  to  the  bar, 
Sullivan  began  to  take  great  interest  in  Irish  politics,  in  which 
the  rising  influence  of  Parnell  and  the  demand  of  the  people  of 
Ireland  for  land  reform  seemed  to  promise  something  definite  for 
the  Irish  people.  In  1883  he  was  elected  president  of  the  Land 
League.  In  1884  he  took  the  stump  for  Blaine.  Since  then  he 
has  not  exerted  himself  much  except  in  Irish  affairs  and  to  have 
Patrick  Egan  appointed  Minister  to  Chili,  an  appointment  which 
is  universally  credited  to  Mr.  Sullivan's  great  influence  with  James 
G.  Blaine. 

Many  outsiders,  only  knowing  of  Sullivan's  arrest  after  the 
inquest  and  the  proven  bitterness  which  existed  between  him  and 
Cronin,  wonder  why,  in  spite  of  the  public  clamor,  the  great  body 
of  the  Irish  people  clings  to  its  belief  in  his  innocence,  and  will 
have  nothing  to  say  to  the  charges  and  arguments  brought  against 
him.     The  reasons  as  given  by  Sullivan's  friends  are  these  : 

Sullivan's  leadership  of  the  Clan-na-Gael  was  wise,  conserva- 
tive and  effective.  From  first  to  last  he  has  been  the  target  for 
all  the  abuse  which  the  English  press  and  Parliament  could  heap 
upon  him.  The  London  Times  has  for  years  been  more  bitter  to 
this  man  than  the  Chicago  press  in  its  first  paroxj^sm  over  the  ver- 
dict of  the  Coroner's  jury.  It  was  Sullivan  who  has  been  the  mark 
for  Scotland  Yard;  at  him  the  spies  and  detectives  have  been 
steadily  played.  His  whole  life  has  been  subjected  to  an  almost 
microscopic  examination,  but  absolutely  not  a  single  charge  has 
been  made  to  stick. 

The  killing  of  Hanford  was  a  deplorable  thing,  they  admit; 
but  Sullivan  is  a  passionate  man,  and  his  wife  had  been  grossly 
insulted.  Out  of  two  juries  but  one  single  juryman  sought  to 
convict  him  of  murde'r. 

Other  charges  have  been  pushed  with  the  utmost  acerbity 
only  to  come  to  naught.  The  investigation  at  Buffalo  and  New 
York  decided  for  hmi  after  a  careful  scrutiny  of  the  indictment 
brought  against  him  in  the  Clan,  and  many  believe  it  was  per- 


146  THE  BLOW  IN    THE  DARK. 

sonal  rancor,  rather  than  a  lofty  sense  of  patriotism,  which  inspired 
the  minority  report,  and  reopened  the  split  in  the  organization. 

Those  who  were  shown  the  statement  of  the  Triangle  were 
satisfied  with  it,  and  these  were  men  in  whom  the  Irish- Americans 
cannot  help  having  faith. 

It  was  said  that  Mr.  Sullivan  had  operated  with  the  funds  of 
the  Clan,  and  had  lost  them.  After  a  most  amazing  and  unpre- 
cedented inquiry,  it  appeared  that  he  liad  l.ost  $5,000  of  his  own 
money. 

It  was  declared  that  he  had  obtained  $100,000  Land  League 
moneys  from  Patrick  Egan,  under  threats,  and  immediately 
proven  that  he  had  done  nothing  of  the  sort. 

The  Irish  feeling  is  that  the  greater  part  of  the  fight  that  has 
been  made  against  Alexander  Sullivan  has  been  animated  in  Eng- 
land. His  adherents  believe  that  the  elements  which  are  seek- 
ing to  crush  him  are  the  same  elements  which  have  been  crushing 
them.  They  believe  that  Sullivan  has  been  marked  down  as  a 
victim,  and  they  will  not  desert  him  until  his  guilt  is  shown  be- 
yond a  doubt. 

And  his  friends  finally  assert  that  no  sane  man  can  deem  him 
guilty  of  the  murder  of  Dr.  Cronin  who  will  treat  the  facts  can- 
didly. Granting  that  he  hated  Dr.  Cronin,  and  wished  him  harm, 
his  was  not  the  character,  they  maintain,  to  go  in  this  way  about 
his  revenge — supposing  that  he  wished  revenge  after  an  inves- 
tigation which  cleared  him  and  the  others  of  the  old  executive. 

Certainly  there  was  no  subtle  brain,  nor  any  skilled  hand,  in 
the  plot  of  death.  Cronin  was  butchered  in  such  a  fashion  that 
the  assassins  actually  blazed  the  path  by  which  detection  must 
follow  them. 

Taking  the  theory  of  the  State,  and  admitting  it  from  first  to 
last  to  be  true,  look  at  the  facts.  Two  men  hire  the  Carlson  cot- 
tage, and  act  in  such  a  manner  that  their  identification  will  be  as- 
sured, and  their  relations  with  the  iceman,  O'SuUivan,  certainly 
known.     The  detective,  whose  part  of  tlie  conspiracy  is  to  get  the 


THE  BLOW  IN   THE  DARK.  147 

buggy,  gets  one  after  such  a  fashion  that  suspicion  must  be  roused 
at  once.  The  man  who  drives  the  buggy  leaves  one  of  O'Sulli- 
van's  cards  at  Dr.  Cronin's  office  in  order  more  clearly  to  fix  the 
iceman's  complicity. 

Next,  the  murder  being  done,  the  body  is  stripped  and  cast 
into  a  catch-basin,  where  it  must  shortly  be  found,  and  the  clothes 
are  bundled  into  another  hole  where  their  discovery  is  only  a 
question  of  time.  The  blood-stains  in  the  cottage  are  accentuated 
with  paint. 

Can  anybody  conceive  a  more  stupid  conspiracy  ? 

Remember,  too,  this  murder  is  imputed  to  men  who  knew,  as 
well  as  they  know  their  own  names,  that  upon  Cronin's  disap- 
pearance his  friends  would  direct  suspicion  toward  them. 

There  is  no  doubt  that  Sullivan  enjoys  the  confidence  and 
esteem  of  the  leaders  in  Ireland,  and  throughout  the  crisis  their 
belief  in  him  has  never  wavered.  Egan  is  his  friend;  Davitt  is 
his  friend;  Parnell  is  his  friend.  Indeed,  so  outspoken  has  Davitt 
been  in  his  expressions  of  confidence  in  the  ex-President  of  the 
League,  that  he  has  drawn  down  upon  his  own  head  a  part  of  the 
newspaper  attack. 

The  newspapers  of  Chicago  without  exception  have  joined 
in  iin  attack  upon  Sullivan  and  all  who  in  any  .way  support  him, 
a  fact  which  has  been  no  small  element  in  keeping  the  Irish  peo- 
ple in  line  with  the  "Triangle,"  so  called ;  and  they  have  naturally 
resented  the  indiscriminate  assault,  believing  that  much  of  it 
was  rather  a  paying-off  of  old  scores  than  just  or  fair  newspaper 
comment. 

On  the  other  hand  there  probably  never  was  a  mystery  more 
magnificently  handled  by  the  press  of  any  city  than  was  the 
Cronin  murder  by  the  Chicago  newspapers.  From  first  to  last 
it  was  the  press  that  made  the  case.  The  police  were  distanced  in 
the  race  for  news,  and  surprise  after  surprise  was  scored  morning 
after  morning  in  the  columns  of  one  journal  or  the  other.     It  was 


148  THE  BLOW  IN    THE  DARK. 

the  reporters  of  Chicago  who  uncovered  the  conspiracy  and  really 
wound  the  chain  of  evidence  about  the  prisoners  in  the  dock. 

The  report  which  Dr.  Cronin  had  made  of  the  investiga- 
tion at  Buffalo,  as  summarized  from  his  loose  notes,  was  read  to 
the  Coroner's  jury  and  made  the  text  for  many  of  the  statements 
that  followed.  After  reciting  Sullivan's  objection  to  Cronin's 
sitting  as  a  judge  in  his  case,  the  Doctor  said  that  he  thought  it 
very  strange  that  Mr.  Sullivan  should  speak  thus  of  him  as  a 
malignant  enemy  ;  that  he  (Cronin)  had  never  criticised  Sulli- 
van personally  as  an  enemy ;  that  his  actions  were  directed  against 
men  who  he  was  given  to  understand  had  wrecked  the  organiza- 
tion, and  that  Sullivan  was  one  of  them.  He  said  that  he  never 
followed  Sullivan  for  the  purpose  of  injuring  him,  and  that  if 
Sullivan  believed  everything  told  him  by  gossip,  he  (Cronin) 
could  not  help  it.  "  Indeed,  why  should  I  be  an  enemy  of  Sulli- 
van ? "  asked  Dr.  Cronin.  "  What  has  he  done  to  me  that  I 
should,  as  he  says,  single  him  out  for  a  personal  enemy  .? " 

As  regards  the  newspaper  editor  (Devoy),  Dr.  Cronin  said  that 
he  believed  that  Sullivan  could  not  prove  his  statement  that  he 
(Dr.  Cronin)  had  evidence  sufficient  to  prove  everything  that  he 
had  written.  He  believed  that  Mr.  Sullivan  would  not  make  an 
affidavit  of  his  statement  in  that  regard. 

Dr.  Cronin  goes  on  to  write  :  ''  To  this  Sullivan  replied  that 
he  did  not  want  to  make  affidavit,  and  that  the  creature  (referring 
to  me)  ought  not  to  be  allowed  to  sit  as  one  of  his  judges;  that 
he  (Sullivan)  could  prove  by  a  dozen  men  that  I  could  not  be 
believed  under  oath,  and  that  I  was  an  expelled  member  of  the 
order." 

Dr.  Cronin  said  that  it  was  evidently  Sullivan's  intention  to 
intimidate  the  committee.  Sullivan  said  that  he  did  not  want  to 
intimidate  the  committee;  and  Dr.  Cronin  then  said  :  "Well,  you 
probably  mean  to  intimidate  me.  That  you  can  not  do,  sir,  and 
you  ought  to  know  it  by  this  time.  All  the  objections  you  have 
read  were  made  by  the  convention,  and  by  the  unanimous  vote  of 


THE  BLOW  IN   THE  DARK.  149 

the  convention  this  committee  was  selected.  I  am  here  the  peer 
of  any  one  so  selected  by  that  convention,  and  am  prepared  to 
do  my  duty  by  the  body  that  created  that  committee."  Mr.  Sul- 
livan took  his  seat,  and  the  chairman  asked  that  the  committee 
retire.  Upon  a  vote  being  taken  the  objections  raised  against 
Dr.  Cronin  were  overruled  by  the  votes  of  the  chairman,  Burns, 
Rogers,  McCahey,  and  Cronin  himself.  The  secretary  did  not 
vote,  and  when  the  result  was  announced  the  trial  was  proceeded 
with. 

In  the  course  of  the  trial  it  was  shown  that,  while  187,000 
had  been  claimed  and  expended  for  active  work,  no  vouchers 
were  shown  or  presented  to  show  that  money  had  been  expended. 
There  was  a  lot  of  testimony  taken  showing  that  men  had  been 
dispatched  on  dynamite  missions  to  England,  and  that  such  of 
them  as  had  managed  to  escape  English  prisons  returned  to 
America  in  a  condition  of  abject  poverty,  some  of  them  having 
had  to  pawn  their  clothes  in  order  to  get  back.  The  largest  sum 
given  to  anybody  appeared  to  be  about  $100,  and  the  charge  of 
the  widow  Lomasney's  suffering  and  Alexander  Sullivan's  refusal 
to  aid  her,  alleged  to  be  made  by  herself,  was  a  most  remarkable 
one. 

Father  Dorney  and  Florence  Sullivan,  the  dead  brother  of 
Alexander  Sullivan,  were  mentioned  as  the  members  of  the  Clan- 
na-Gael  who  were  fraudulently  sent  to  the  Boston  convention  to 
represent  Sullivan  and  Tim  Crane,  who  were  not  elected  at  all. 
The  Boston  convention,  it  was  charged,  had  been  packed  in  the 
interests  of  Sullivan.  Properly  elected  delegates  had  been 
excluded. 

Father  Dorney's  name  was  mentioned  frequently  as  an 
active  member  of  the  organization,  and  when  this  fact  was 
clearly  announced  in  court  and  the  statement  made  that  he  had 
once  gotten  into  trouble  with  his  bishop  over  the  matter,  it 
created  considerable  excitement. 


Chapter  III. 

More  Tales  of  Camp  20 — Beggs'  Speech — What  Coughliii  Said — 
O'Connor's  Firebrand — A  Stormy  Meeting — Was  a  Life  at 
Stake? — Why  Feeling  Ran  High — Charges  of  Treason — 
Irish  Opinion — Reasons  pro  and  con — Cronin's  Friends  to 
the  Rescue — Clearing  the  Memory  of  the  Dead — The  Pecu- 
liar Features  of  the  Debate — But  One  Side  yet  Heard — 
Guesses  at  the  Private  Defense. 

T  LAST  we  can  leave  all  inferences  and  conjectures,  all 
arguments  and  rumors,  and  come  down  to  the  solid  facts 
of  this  romantic  tragedy  as  it  was  uncovered  step  by  step 
in  the  investigation  that  was  made.  Capt.  Tom  O'Con- 
nor was  the  first  who  threw  any  light  on  the  doings  in  Camp  20, 
after  Le  Caron's  sensational  testimony  had  been  given  in  London. 
O'Connor  is  an  interesting  figure  in  the  case.  He  is  a  most  thor- 
oughgoing revolutionist  of  the  more  radical  school,  and  he  was  at 
one  time  appointed  to  go  to  England  upon  a  secret  and  dangerous 
political  mission.  His  story  of  the  request  that  was  made  to  him 
is  characteristic: 

"Did  you  consult  with  anybody  about  doing  this  work  ?" 
"I  did.     I  consulted  with  Dr.  Cronin." 
"What  did  Dr.  Cronin  say  .?" 

"Well,  he  said,  after  we  had  talked  the  matter  over,  that  there 
were  enough  good,  honest  Irishmen  behind  English  bars  now; 
that  I  had  better  get  out  of  it,  and  that  he  did  not  believe  in  the 
policy  of  dynamite  anyway." 

"Did  you  take  the  Doctor's  advice  ? " 
"I  guess  I  did." 

"How  was  this  request  brought  to  you,  Mr.  O'Connor  V* 
"Well,  it  was  brought  by  a  gentleman  who  walked  into  the 
office  about  10  o'clock  in  the  morning,  who  handed  me  his  card 

(150) 


THE  BLOW  IN   THE  DARK.  151 

when  he  walked  in.  I  read  the  card  over,  and  he  introduced  him- 
self. We  had  quite  a  long  talk,  and  then  he  told  me  that  there 
were  some  men  going  across  the  water,  and  that  the  chances  were 
that  I  would  be  called  on  too.  We  talked  the  matter  over,  I 
showed  him  over  the  building,  we  went  out  and  had  a  cigar,  and 
then  he  made  an  appointment  with  me  for  the  evening.  He  kept 
his  appointment,  and  we  had  a  long  talk  about  several  matters. 
This  was  on  a  Monday,  and  then  he  made  an  appointment  with 
me  to  meet  him  the  following  Wednesday.  He  said  he  would 
call  about  8  or  9  o'clock  Wednesday  morning.  I  spoke  to  the  Doc- 
tor in  the  meantime,  and,  coming  down  town  that  Wednesday 
morning  I  met  him  again,  and  we  both  walked  down.  As  we  passed 
the  Sherman  House,  I  saw  the  gentleman  standing  on  the  steps.  I 
stopped  to  speak  with  him,  and  bade  the  Doctor  good  morning. 
The  gentleman  asked  me  who  the  man  was  that  I  had  just  done  with. 
I  told  him  it  was  Dr.  Cronin,  one  of  my  best  friends.  The  very 
moment  the  name  was  mentioned,  he  seemed  to  know  him,  his 
demeanor  toward  me  changed,  he  said  that  he  had  some  appoint- 
ment, and  that  he  could  not  see  me  until  the  afternoon,  and  I  have 
never  seen  him  since." 

Before  O'Connor's  bombshell  was  exploded  in  Camp  20,  how- 
ever, it  will  be  more  logical  in  order  of  time  to  show  the  circum- 
stances that  led  up  to  it.  Dr.  Cronin,  at  a  meeting  of  his  camp, 
at  which  O'Connor  was  present,  made  a  statement  as  to  the  result 
of  the  Buffalo  investigation,  which  he  accompanied  with  the  re- 
port of  the  minority  of  the  committee  reiterating  the  charges 
against  the  old  Triangle.  To  the  Coroner,  at  the  inquest,  J.  D. 
Haggerty,  who  was  at  the  meeting,  described  Cronin's  speech  and 
its  effect  upon  the  gathering.  All  that  the  Doctor  knew  or 
suspected  he  brought  forward  openly,  and  the  result  was  just 
such  a  sensation  as  might  have  been  expected. 

Camp  20  of  the  Clan  met  on  February  8th,  a  few  days  after  the 
other  meeting,  and  Capt.  Thomas  F.  O'Connor  was  present,  and 


152  THE  BLOW  IN  THE  DARK. 

he  mentioned  the  fact  that  the  report  of  the  investigating  com- 
mittee had  been  read  at  the  other  camp. 

This  at  once  raised  a  storm,  because  every  member  of  the 
organization  was  intensely  interested  in  knowing  the  result  of  the 
investigation,  of  which  all  recognized  the  importance. 

Andrew  Foy,  who  was  at  the  meeting,  was  subsequently  exam- 
ined under  oath : 

*'  Were  you  present  at  a  meeting  of  that  camp  on  the  8th  of 
February,  this  year  ?'* 

"  I  think  so." 

"  Do  you  remember  making  a  speech  on  that  occasion  ?* 

"  I  may  have  said  a  few  words,  but  I  don't  remember  of 
making  a  speech." 

"  Did  you  speak  or  talk  in  the  camp  ?" 

"Yes;  I  guess  so.  I  cannot  remember  exactly  what  I  did 
say,  but  I  can  give  you  the  substance." 

"  That  is  all  we  care  for." 

"  The  substance  of  my  remarks,  of  course,  was  that  some 
kind  of  a  statement  was  made  that  the  informer  Le  Caron  had 
testified  in  England  before  the  Parnell  Commission,  that  there 
was — well,  I  cannot  tell  exactly ;  and  I  want  to  bring  it  down  to 
the  point,  and  I  want  to  be  led  in  the  matter  because  I  have  not 
a  good  memory  to  state  these  things.  But  the  general  substance 
of  the  matter  was  pretty  pertinent  to  the  question  that  this  Le 
Caron  was  engaged  by  the  executive  body  of  our  organization 
for  a  certain  object,  and  a  certain  sum  of  money,  of  our  funds, 
was  given  to  Le  Caron  to  do  certain  work  either  in  England  or 
Ireland — that  was  not  specified.  I  don't  know  exactly  the 
amount.  So  far  as  I  remember,  it  was  $28,000  that  he  got  for 
the  matter.  A.  statement  was  made  by  another  member  of  the 
camp,  I  think,  to  this  effect.  We  had  a  discussion  over  the 
matter,  and  I  felt,  I  suppose,  like  a  good  many  others.  I  didn't 
understand  how — " 

"  Have  you  repeated  what  you  said  ?" 


THE  B]^OW  IN  THE  DARK.  153 

"  No — what  others  said,"  replied  the  witness ;  "  what  Captain 
O'Connor  said." 

"  Was  there  any  reference  to  spies  in  the  camp  .?"  asked  Judge 
Longenecker. 

"  I  said  if  there  were  any  in  the  camp  they  should  be  ex- 
pelled." 

"  What  did  you  say  about  Le  Caron  being  in  the  order  ?" 

"I  didn't  say  anything  about  Le  Caron;  I  never  knew  the 
man." 

*'  What  did  you  say  as  to  Le  Caron  testifying  ?" 

"  I  don't  know  anything  about  that;  I  know  the  press  made 
a  statement  that  he  did." 

*'  Didn't  you  quote  that  in  your  speech  that  night .?" 

"  I  don't  remember;  I  may  have." 

"  How  long  did  you  talk  there,  Foy  ?" 

*'  I  generally  talk  about  two  or  three  minutes  until  I  am 
wound  up,  and  then  I  go." 

"  Now  state,  Mr.  Foy,  if  you  can  remember  any  portion  of 
Captain  O'Connor's  speech  at  that  time  ?" 

*'  The  principal  and  most  salient  portion,  as  far  as  I  remem- 
ber, was  the  fact — at  least  it  impressed  itself  on  my  mind  then — 
that  Le  Caron,  who  I  suppose  the  majority  of  the  audience — " 

Here  the  witness  was  brought  up  with  a  round  turn  by  the 
Judge,  who  told  him  he  was  not  in  a  public  meeting  and  should 
address  the  jury. 

"  I  am  stating  it  with  truth  as  far  as  I  remember,"  continued 
Foy.  "  That  Captain  O'Connor  made  a  certain  statement  that 
this  Le  Caron,  who  was  a  witness  before  the  Parnell  Commission 
at  that  time,  was  a  paid  agent  of  the  executive  body  of  the  Irish 
National  organization  in  this  country." 

"  Well,  what  else  did  he  say  about  using  the  funds  ?" 

"  I  have  it  in  my  memory  very  strong  that  it  was  $28,000, 
but  I  am  not  positive  whether  it  was  $18,000  or  $28,000 — that 
f 28,000  of  the  funds  of  this  organization  were  given  to  Le  Caroa 


154  THE  BLOW  IN   THE  DARK. 

for  some  object  in  England  or  Ireland,  which  he  did  not  specify, 
but  I  got  the  impression  that  it  was  to  be  spent  in  England." 

"  Who  did  he  charge  with  this — the  executive  body  ?" 

"  By  implication  he  did,  I  think;  he  didn't  charge  any  one 
directly." 

*'  Did  he  speak,  then,  as  having  heard  the  report  of  the  trial 
committee  read  in  another  camp  ?" 

"  Yes,  sir." 

*'  Didn't  he  say  he  got  his  information  from  that  report .?" 

"  That  is  how  I  understood  it — that  he  got  it  from  the  report 
he  heard  read  in  another  camp." 

"  You  said  there  was  excitement  and  quite  a  scene. 

"  I  will  say  that  I  felt  quite  excited  myself  over  the  state- 
ment made  by  the  brother.'* 

"  State  what  you  mean  by  excitement." 

"  I  felt  a  kind  of  hot,  gentlemen,  if  you  will  allov7  me  to  say 


so.' 


that. 


How  about  the  others  being  hot .?" 


"  I  suppose  a  good  many  felt  like  I  did ;  I  can't  swear  to 


"  What  were  you  hot  about  ?" 

"  About  the  statement  that  Le  Caron  got  any  of  our  funds 
to  spend  for  any  object,  I  don't  care  what,  in  either  England, 
Ireland  or  Scotland,  and  also  the  statement  that  what  would  not 
be  given  to  our  camp  would  be  read  in  another.  I  think  that 
was  the  salient  point  of  it." 

"  As  soon  as  Foy  had  finished  his  speech  at  that  meeting  of 
Camp  20,  on  February  8,"  said  Capt.  Thos.  F.  O'Connor  on  the  wit- 
ness stand  subsequently,  "I  arose  to  my  feet,  and  I  stated  that  I  was 
not  at  all  surprised  at  hearing  the  gentleman  talk  as  he  had  done; 
that  I  knew  by  positive  information,  that  the  organization  was  run 
by  a  parcel  of  rogues  known  as  our  executive  body ;  that  they  had 
squandered  our  funds  even  to  the  extent  of  $100,000;  and  not 
alone  that,  but  they  sent  our  best  men  across  to  England  to  have 


THE  BLOW  IN   THE  DARK.  155 

them  put  behind  British  bars;  and  now  I  state  positively  that  Le 
Caron  was  an  agent  of  our  executive  body  and  received  pay  from 
them.  At  that  moment  I  was  interrupted  by  two  or  three  brothers 
with  a  demand  to  tell  where  I  got  my  information.  I  did  not 
like  the  first  brother  who  spoke  to  me  and  I  said:  'You  demand 
nothing.'  Then  there  were  two  or  three  others  that  demanded  to 
know  where  I  got  my  information,  and  there  was  a  general  uproar 
at  the  time.  So  I  turned  around  to  the  Senior  Guardian  and  I 
said  to  him:  'If  the  Senior  Guardian  demands  of  me  where  I  got 
my  information,  I  will  tell  him.'  He  did  not  say  anything.  Then 
there  was  more  uproar.  I  turned  a  second  time  and  a  third  time, 
and  said  if  the  Senior  Guardian  would  demand  of  me  where  I  got 
my  information  I  would  tell  him.  Then  I  stated  I  had  heard  a 
terrible  report  of  the  entire  trial  committee  in  Buffalo,  and  that  I 
had  also  seen  a  written  report,  300  pages  of  close-written  long 
hand  about  the  trial,  and  that  I  was  positive  of  my  statement. 
At  that  instant  Daniel  Coughlin,  a  member  of  the  camp,  arose  to 
his  feet  and  said :  'Mr.  Guardian,  I  move  you  that  a  secret  com- 
mittee of  three  be  appointed  to  find  out  the  source  of  Capt. 
O'Connor's  information.'  Those  were  his  words.  Then  there  was 
some  one  else  on  his  feet,  and  the  Senior  Guardian  rapped  the  camp 
to  order,  as  it  was  such  a  tumultuous  time — such  turmoil — and 
somebody  spoke,  and  he  said:  'I  will  hear  no  more  of  this  subject, 
and  I  will  appoint  a  committee.'     That  was  all." 

"Who  was  the  Senior  Guardian  at  that  time  ?" 

"John  F.  Beggs." 

"Do  you  know  the  names  of  the  persons  who  demanded  to 
know  where  you  got  your  information  ?" 

"Mr.  McNulty,  Brother  Ironton,  John  Curry,  and  Tom  Mur- 
phy." 

"The  Treasurer  of  the  camp  .?" 

"Yes,  sir." 

There  was  a  reunion  on  February  22nd,  at  which  representa- 
tives from  the  different  camps  were  present.     Here  is  Anthony  I. 


156  THE  BLOW  IN  THE  DARK. 

Ford's  account  of  what  occurred  there.  Ford  had  been  Senior 
Guardian  of  Camp  20,  and  was  then  Post  Guardian: 

John  F.  Beggs  presided  and  McGarry  and  O'Byrne  had  seats 
on  the  platform  beside  him.  When  the  regular  business  was  over 
Beggs  called  John  S.  Mullen  to  the  chair. 

"Did  3^ou  hear  any  speeches  made  by  visiting  members  at 
that  meeting .?" 

"Yes,  sir." 

"Did  you  hear  Patrick  McGarry  make  a  speech  ?" 

"Yes,  sir." 

"Did  you  hear  Richard  Powers  make  a  speech  .?" 

"Yes,  sir." 

"They  were  not  members  of  that  camp  ?" 

"No." 

"Visiting  members  ?" 

"Yes,  sir." 

"What  was  the  substance  of  McGarry*s  speech  and  Powers' 
speech  ?     What  did  they  talk  about .?" 

"They  were  attacking  the  Triangle,  as  they  called  it." 

Ford  went  on  to  state  that  the  reunion  meeting  referred  to 
was  composed  of  representatives  of  various  camps  in  this  city. 
Beggs  presided  and  called  McGarry  and  O'Byrne  beside  him, 
placing  one  on  his  left  and  the  other  on  his  right.  These  men 
were  Senior  Guardians  of  other  camps.  The  exercises  consisted  of 
singing  and  recitations,  besides  the  speeches.  Before  the  singing 
began  Beggs  resigned  the  chair  and  called  upon  John  S.  Mullen  to 
preside.  The  speeches  of  McGarry  and  Powers  were  made  while 
Mullen  was  in  the  chair. 

"Do  you  remember  their  speeches  were  a  direct  attack  upon 
the  old  executive  board,  in  which  they  charged  the  misappropri- 
ation of  money  and  with  giving  away  and  incarcerating  patriots 
to  the  cause,  in  England,  and  things  of  that  kind  ?" 

"That  was  the  drift  of  their  speech." 

"Now,  I  will  ask  you,  after  they  got  through   with   their 


THE  BLOW  IN   THE  DARK.  157 

speeches,  whether  or  not  a  call  was  made  upon  Mr.  Beggs  for  a 
speech  ?" 

''Yes,  sir,  there  was." 

"I  will  ask  you  whether  or  not  Mr.  Beggs  did  not  say  this 
in  substance :  'Gentleman,  I  am  a  little  surprised  that  after  the 
convention  took  charge  of  this  matter,  and  a  committee  was  ap- 
pointed to  investigate,  and  before  that  committee  has  reported, 
that  you  will  insist  upon  carrying  on  this  fight  or  contention.  So 
far  as  I  am  concerned  I  am  determined  this  society  shall  be  in 
fact  what  it  is  in  name,  a  united  brotherhood,*  or  words  to  that 
effect.?  And  did  he  not  further  say:  'Peace  must  be  restored  in 
the  ranks,*  and  that  they  were  united  by  reason  of  the  action  of 
this  convention,  and  peace  should  be  had  if  it  had  to  be  brought 
about  by  war,  or  words  to  that  effect .?" 

"Words  to  that  effect;  similar  to  that." 

At  the  meeting  of  February  8th,  according  to  other  testimony, 
a  committee  was  appointed  "to  investigate  the  rumor"  (as  to  the 
report  read  by  Dr.  Cronin)  and  report  the  same  to  the  camp.  It 
is  out  of  this  material  largely  that  the  death  of  Dr.  Cronin  was 
imputed  to  the  Clan-na-Gael. 

And  that  the  reader  may  understand  it  all  the  more  clearly, 
ill  here  marshal  briefly  all  the  facts  as  far  as  they  are  proven 
or  even  suspected. 

Alexander  Sullivan,  Feeley  and  Boland  had  been  put  in 
charge  of  the  affairs  of  the  brotherhood,  and  their  management 
had  been  fiercely  attacked  by  a  strong  and  respectable  element  in 
the  Clan,  and  as  stoutly  defended  by  a  much  more  strong  and 
an  equally  respectable  party.  The  result  was  a  complete  split  in 
the  order,  and  a  complete  frustration  of  any  possible  revolu- 
tionary activity. 

It  was  recognized  that  this  sort  of  thing  could  not  go  on. 
A  rapprochement  was  attempted,  and  at  a  joint  convention  a 
committee  was  appointed  to  try  the  charges. 

This  committee  was  made  up  of  representatives  from  each 


158  THE  BLOW  IN   THE  DARKo 

party,  Dr.  Cronin  being  one  and  Dr.  McCahey  being  another,  as 
I  have  already  stated,  and  the  trial  was  had.  The  result  did  not 
help  things.  Each  side  stood  as  it  did  before.  The  investigating 
committee,  by  a  majority  of  one,  exonerated  the  old  executive ;  but 
against  this  finding  a  minority  of  the  committee  protested,  agree- 
ing upon  a  minority  report,  and  it  was  this  minority  report  which 
Dr.  Cronin  read  to  his  camp  in  Lake  View. 

Of  course  under  the  circumstances  feeling  ran  high.  The 
Clansmen  had  hoped  that  all  the  differences  between  the  two  great 
bodies  would  be  accommodated;  and  here  was  the  old  trouble 
made  fifty  times  worse,  and  put  in  such  a  fashion  that  union 
became  impossible,  unless  the  great  majority  of  the  brotherhood 
would  consent  to  sacrifice  Sullivan,  Feeley  and  Boland,  and  devote 
them  to  ruin  and  disgrace,  in  order  to  conciliate  what  was  known 
as  a  minority  of  the  order,  and  what  many  regarded  as  a  ran- 
corous and  unjust  minority. 

The  more  serious  charges  had  been  completely  disproven, 
and  not  one  charge  had  been  proven.  How  could  the  man  in 
whose  hands  was  the  revoJutionary  war-chest  produce  vouchers 
for  his  expenditure  ?  This  was  a  secret  service  fund,  to  be 
administered  in  confidence,  and  the  general  feeling  was  that  the 
money  had  not  been  improperly  spent. 

Dr.  Cronin's  persistent  attack  on  the  old  Triangle  had  con- 
verted many  to  his  side,  and  had  confirmed  many  others  against 
him.  People  did  not  know  what  side  to  believe,  and  they  ended 
usually  in  believing  that  both  sides  were  wrong,  and  that  peace 
would  not  be  restored  until  the  men  who  were  responsible  for  the 
quarrel  had  withdrawn  on  both  sides  from  leadership  in  the 
movement. 

That  there  was  treachery  at  work  in  the  ranks  was  certain, 
but  where  the  treason  lay  no  man  could  say.  Le  Caron  was 
uncovered ;  but  the  British  Government  would  not  have  thrown 
him  away  unless  they  had  other  avenues  of  communication  into 
the  interior  of  the  Irish-American  conspiracy.     For  a  long  time 


THE  BLOW  IN   THE  DARK.  159 

the  hunt  for  the  sources  of  information  was  continued,  but  w^h- 
out  results.  It  would  be  an  affront  to  the  intelligence  of  the 
reader  to  attempt  to  mitigate  or  soften  the  fact  that  by  one 
section  of  the  Irish  revolutionary  organization  Dr.  Cronin  was 
regarded  with  suspicion.  One  of  his  letters,  written  to  a  friend  in 
New  York  (presumably  but  not  certainly  John  Devoy),  goes  to 
show  his  side  of  the  story  of  the  manner  in  which  he  was  being 
investigated. 

A  part  of  the  facts  have  been  stated  in  another  chapter,  but 
this  is  Cronin's  account  of  the  investigation : 

"  At  last  1  have  something  of  interest  to  communicate,  and 
an  urgent  request  to  you  for  aid  in  something  that  may  bring 
Aleck  out  of  his  hole  as  a  persistent  persecutor  of  myself  and 
others  through  his  malicious  story-telling  and  attempted  boycott. 
The  facts  are  about  as  follows :  Some  three  weeks  ago  I  was  called 
upon  by  an  attorney  whose  face  was  somewhat  familiar.  He  told 
me  that  he  had  a  case  of  malpractice  against  a  physician  to  ad- 
just, and  that  an  amicable  settlement  was  looked  for,  etc.  His 
call  upon  me,  he  said,  was  to  ask  that  I  be  one  of  the  experts  to 
whom  was  submitted  the  case.  I,  of  course,  consented  to  act  in 
the  matter,  and  went  to  the  justice's  court  on  the  day  appointed. 
No  other  physician  was  there,  but  by  arrangement  of  the  two 
lawyers  present  I  was  made  the  sole  arbiter.  After  being  sworn 
I  was  put  through  a  variety  of  questions  by  the  opposing  attor- 
ney— questions  that  seemed  a  little  harsh,  yet  not  unusually  so, 
in  a  case  where  the  lawyer  would  try  to  *down'  the  doctor.  In 
a  few  days  I  received  my  fee  by  letter,  in  which  the  lawyer 
(Starkey)  who  engaged  me  said  the  case  had  been  adjusted. 

"  About  a  week  passed,  when  I  was  called  upon  by  the  aw- 
yer  who  had  so  mercilessly  questioned  my  evidence,  and  was  told 
that  a  case  in  New  York — that  of  an  exorbitant  charge  on  the 
part  of  a  physician — had  come  to  him  for  settlement,  and  I  was 
requested  to  act  as  referee  bj'  'mutual'  consent,  etc.  Not  sus- 
pecting anything,  I  went  to  the  court  (justice's),  and  after  going 
through  a  series  of  questions  from  my  lawyer  (?)  I  was  set  upon 
by  C.  M,  Hardy,  of  whom  I  had  heard  but  did  not  know,  though 
he  has  the  reputation  of  being  one  of  the  keenest  cross-examiners 
in  the  city.     To  all  his  questions  I  gave  ready  answers,  parrying 


160  THE  BLOW  IN   THE  DARK. 

hi^  repartee  as  best  I  could;  but  I  was  perfectly  astonished  at  the 
scope  of  his  inquiries.  He  commenced  at  my  birth ;  where  I  had 
been  from  the  time  of  my  landing  as  an  infant  at  New  York; 
what  I  had  done  at  various  places,  and,  finally,  pushed  a  baptis- 
mal record  at  me  and  asked  if  it  was  mine.  AH  at  once  it  struck 
me  that  this  must  be  a  sequence  of  the  inquiries  made  at  all  my 
abiding-places  on  the  continent,  by  some  persons  unknown  to  me, 
last  May,  who  represented  to  my  friends  everywhere  that  I  had 
been  left  a  fortune  in  Winnipeg,  which  only  upon  a  thorough 
identification  could  I  obtain;  I  therefore  let  the  fellow  go  as  far 
as  he  could,  as  I  saw  there  was  a  stenographer  taking  down  my 
answers,  for  I  knew  I  would  be  asked  to  sign  them  if  required  for 
a  New  York  court,  and  could  detect  any  falsification  to  my 
answers.  To  my  astonishment  the  stenographer  (who  was  un- 
known to  me)  went  out  to  return  no  more,  while  the  legal  lights 
said  the  affair  would  be  '  satisfactorily  arranged,*  etc.  I  kept  my 
own  counsel  and  did  not  let  them  suspect  that  I  was  onto  an  im- 
portant clew  through  the  effort  to  draw  me  out. 

"  The  next  day  I  called  upon  Callaghan,  my  lawyer,  and,  lo 
and  behold,  found  him  in  company  and  occupying  the  same  office 
with  Starkey  and  Hardy.  At  sight  of  me  Hardy  left  the  room, 
while  Callaghan  said  that  Starkey  had  gone  East.  I  then  asked 
the  title  of  the  first  case,  and  have  ascertained  there  was  no  such 
case  here.  As  to  the  second,  Callaghan  told  me  that  it  was  in  the 
Surrogate  Court  of  New  York,  and  would  be  finally  settled  on  the 
27th  of  this  month.  He  said  the  Judge  there  thought  the  claim 
for  medical  services  on  the  part  of  the  Doctor  ($250,  which  had 
been  disputed  by  a  guardian  of  a  ward  of  the  court)  too  high, 
and  he  had  sent  to  Chicago — the  home  of  the  young  lady — to 
have  the  affair  tested,  etc.  The  whole  thing  seems  very  lame  lo 
me,  and  I  wish  you  would  go  to  the  Surrogate  and  see  if  there  is 
such  a  suit  as  '  Dr.  E.  G.  Harlin  vs.  J.  B.  Wilson,'  ascertaining  if 
there  is  such  a  doctor  in  your  city,  and,  if  there  is  such  a  case, 
ascertaining  if  it  was  not  put  on  the  docket  by  Starkey  (who,  I 
suspect,  went  there  for  the  purpose)  as  a  decoy.  If  there  is  no 
such  case  please  get  the  signature  of  the  Clerk  of  the  Court,  so  I 
can  put  the  matter  into  the  han^s  of  Hynes  or  the  State's  Attor- 
ney, for  I  can  swear  a  warrant  out  for  the  arrest  of  the  three 
lawyers  for  conspiring  to  injure  and  boycott  me,  etc.,  thus  draw- 


THE  BLOW  IN   THE  DARK.  161 

ing  out  how  they  came  into  possession  of  their  information  or 
who  instigated  them  to  question  me. 

"  I  have  learned  that  Starkey  was  formerly  at  New  Haven 
with  Reynolds,  while  Callaghan  is  an  eager  aspirant  as  a  member 
of  D.  16,  for  distinction,  with  Aleck.  Please  hurry  up  the  in- 
formation before  they  suspect  I  am  after  them,  for  I  would  not 
lose  such  an  opportunity  for  the  world. 

"Yours  fraternally,  P.  H.  Cronin." 

It  would  seem  that  there  was  being  made,  by  some  one,  a 
most  persistent  and  continued  effort  to  find  out  Dr.  Cronin's  full 
history  from  first  to  last;  and  when  one  combines  this  fact  with 
the  unquestioned  fact  that  when  Cronin's  disappearance  was  first 
announced  the  rumor  ran  that  he  had  gone  to  London  to  go  upon 
the  witness  stand  for  the  British  Government  in  the  Times  case, 
it  can  be  seen  that  somebody,  with  means  enough  to  put  in  mo- 
tion a  searching  examination,  either  doubted  Cronin — or  pre- 
tended to  doubt  him. 

On  the  other  hand,  Cronin's  friends,  and  they  number  some 
of  the  most  trustworthy  revolutionists  in  the  ranks  of  the  brother- 
hood, have  defended  his  memory  as  warmly  as  they  would  defend 
their  own  honor. 

Any  Irishman  would  laugh  at  a  charge  of  treason  preferred 
against  such  men  as  Ed.  O'Meagher  Condon,  who  stood  in  the 
dock  with  Allen,  Larkin  and  O'Brien,  and  who  first  gave  voice 
to  the  immortal  watchword,  "  God  Save  Ireland."  So,  too,  would 
a  charge  against  John  Devoy  be  absurd,  and  yet  Condon  and 
Devoy  are  among  the  men  who  answer  for  Cronin's  loyalty  as 
they  answer  for  their  own.  With  them,  moreover,  are  other  men 
whose  fidelity  to  Ireland  is  beyond  question,  and  whose  belief  in 
Cronin  was  supreme,  with  every  opportunity  to  judge  him,  and 
no  temptation  to  indorse  him  were  they  not  satisfied  of  his 
truth. 

Besides  this,  Cronin's  conduct,  from  first  to  last,  was  not 
that  of  a  man  who  had  anything  to  conceal,  or  any  treachery  to 
hide.     He  made  a  bold,  uncompromising,  and  what  many  believed 


162  THE  BLOW  IN  THE  DARK. 

to  be  an  unjust  and  unjustifiable  attack  on  the  old  executive.  He 
made  a  fight  which  put  him  in  active  opposition,  in  the  most 
pronounced  enmity  with  the  leaders  of  the  revolution.  By  his 
own  act  he  deliberately  cast  away  from  himself  any  chance  to 
secure  that  sort  of  information  which  alone  would  be  valuable  to 
an  enemy. 

It  is  the  deliberate  judgment  of  those  who  were  friends  of 
Dr.  Cronin,  and  those  who  were  not,  that  he  could  not  have 
been  a  spy.  All  the  conditions  oppose  the  theory.  It  Is  unten- 
able for  a  moment,  just  as  untenable  as  the  theory  that  any  mem- 
ber of  the  old  Triangle  is  either  legally  or  morally  responsible 
for  his  death. 

Why,  then,  was  he  killed  ? 

I  have  heard  this  theory  suggested,  and  it  seems  to  me  to  be 
reasonable,  so  consonant  with  all  the  facts  as  we  know  them,  so 
complete  an  explanation  of  all  the  contradictions  in  this  most 
stupid  and  foolish  murder,  that  I  will  tell  it  as  it  was  told  : 

"  In  the  first  place,"  said  the  theorizer,  "  the  majority  of 
the  men  in  Camp  20  believed,  and  believe  yet,  that  there  was 
something  wrong  with  Cronin.  If  not  a  spy,  he  was,  to  their 
thinking,  a  dangerous  firebrand  in  the  order,  and,  next  to  John 
Devoy,  the  great  obstacle  to  unity  and  harmony  in  the  Irish 
ranks. 

*'  But  for  this  reason  he  would  not  be  killed. 

*'  When  he  read  that  minority  report  in  his  own  camp,  he 
was  guilty,  at  least,  of  re-opening  the  whole  question  which  had 
been  closed  by  the  convention  and  referred  to  the  arbitrament  of 
the  investigating  committee,  and  producing  once  more  a  schism 
in  the  revolution.  He  would  not  abide  by  the  finding  of  the 
tribunal  of  which  he  was  himself  one  of  the  members,  and  the 
result  was  to  be  once  more  a  hopeless  split  in  the  Irish  ranks. 

"  Carlyle  says  that  the  English  people  consist  of  30,000,000, 
mostly  fools,  and  the  same  proportion,  very  nearly,  will  apply  to 
our  own  people.     There  were  hot-heads  who  learned  of  Cronin's 


THE  BLOW  IN   THE  DARK.  163 

conduct,  who  jumped  to  the  conclusion  that  he  was  betraying  the 
cause  which  held  the  first  place  in  their  hearts,  and  who  deter- 
mined to  find  out  the  truth.  I  have  no  doubt  in  my  mind  that 
Cronin  was  decoyed  to  the  Carlson  cottage,  but  I  believe,  as 
firmly  as  I  believe  anything,  that  there  was  no  purpose  to  mur- 
der him.  I  think  it  was  merely  a  bulldozing  scheme  at  first,  and 
nothing  more.  Perhaps  the  idea  was  to  abduct  him,  make  him 
give  up  the  alleged  evidence  that  he  held,  and  tell  the  real  truth 
about  himself ,  as  they  believed  the  truth  to  be.  But,  however 
that  may  be,  I  have  never  been  able  to  convince  myself  that  his 
death  was  premeditated,  or  was  in  any  way  a  part  of  the  pro- 
gramme. 

"  Unfortunatel}'-,  they  counted  without  their  guest.  Cronin 
was  a  fearless  man  and  a  combative  man.  Finding  himself  cor- 
nered, and  believing  that  the  people  there  sought  his  life,  he 
began  a  desperate  fight,  which  ended  in  his  death. 

"Mind  you,  this  makes  the  guilt  none  the  less  of  the  men  who 
killed  him  ;  but  it  is  the  only  theory  which  will  account  for  all 
the  facts.  Men  who  were  about  to  commit  murder  would  have 
been  provided  with  weapons.  Cronin  seems  to  have  been  beaten 
to  death.  A  quick  thrust  of  a  dagger  would  have  ended  the 
man  with  less  noise  and  less  chance  for  defense  than  clubs  or  the 
broken  arm  of  a  chair. 

"  Again,  deliberate  assassins  would  have  made  their  plans  to 
dispose  of  the  body  of  their  victim.  A  grave  dug  in  the  cellar 
of  the  Carlson  cottage  and  a  couple  of  bushels  of  quicklime 
would  have  blotted  the  victim  out  until  the  last  day.  Instead, 
there  is  every  evidence  of  hurry  and  panic  and  unexpected  exi- 
gency in  the  manner  in  which  the  corpse  was  rushed  out  into  a 
wagon  and  carried  to  the  catch-basin.  Even  the  Agnus  Dei  that 
was  left  upon  the  poor  fellow's  breast  tells  me  a  story  of  the  hor- 
ror-stricken condition  of  men  presented  with  an  unlooked-for 
and  awful  consequence  of  their  acts. 

"  It  was  murder  certainly,  and  murder  the  result  of  a  con- 


164  THE  BLOW  IN   THE  DARK. 

spiracy,  but  it  was  not  the  result  of  a  conspiracy  to  murder.  Nor 
is  this  a  hair-splitting  difference,  but  a  most  vital  and  important 
one.  It  is  the  only  fair  explanation  of  the  facts  that  must  be 
admitted.** 


Chapter  IV. 

O'SuUivan  and  His  Cards — The  Contract  with  the  Doctor — A 
Liberal  Arrangement — The  Flat  on  Clark  Street — Waiting 
for  a  Sick  Sister — Buying  the  Big  Trunk — Getting  an  Ex- 
pressman— Money  no  Object — The  Tenants  of  the  Carlson 
Cottage — Furnishing  a  Death  Trap — How  the  Conspirators 
Must  Have  Lived — Camping  out  in  a  Bare  Room — Waiting 
for  the  Victim — Troubled  Dreams. 


)HE  beginning  of  the  conspiracy,  as  charged,  was  the  con- 
tract made  by  P.  O'Sullivan,  the  ice-dealer,  with  Dr.  P.  H. 
Cronin,  one  of  his  cards  being  left  by  the  messenger  who 
tookCronin  away.  This  was  a  peculiar,  and,  it  was  afterward  de- 
clared, a  most  suspicious  arrangement,  although  it  did  not  strike 
the  Doctor  that  way  at  the  time  it  was  made.  O'Sullivan  and 
Cronin  were  introduced  to  each  other  by  Justice  Mahoney,  a  well- 
known  Chicagoan,  and  the  result  of  their  acquaintance  was  an 
arrangement  proposed  by  O'Sullivan,  whereby  Dr.  Cronin  was  to 
attend  the  victims  of  any  accidents  that  might  occur  through  the 
carelessness  of  his  employes,  for  the  fixed  sum  of  fifty  dollars  a 
year.  This  contract  was  made  as  late  as  April  26.  It  was  nearly 
two  months  before  this,  however,  that  the  first  step  in  the  conspir- 
acy was  made — the  renting  of  the  flat  at  117  Clark  Street. 

The  manner  in  which  this  part  of  the  scheme  was  brought 
about  is  so  interesting  that  it  may  well  be  told  in  full.  On  some 
of  the  furniture  found  in  the  Carlson  cottage  was  the  trade  mark 
af  Alexander  H.  Revell.  Books  and  records  were  consulted,  and 
it  was  found  that  these  goods  had  been  ordered  sent  to  a  flat  at 
117  Clark  Street. 

Here  was  a  clew,  and  it  was  followed  up  with  much  intelli- 
gence.    E.  G.  Throckmorton,   the   book-keeper   for   Knight  & 

(165) 


166  THE  BLOW  IN  THE  DARK. 

Marshall,  the  owners  of  the  flat,  was  found  and  brought  before 
the  Coroner's  jury. 

"On  Feb.  19,"  said  the  witness,  "I  rented  the  top  flat  of  the 
building  117  Clark  Street  to  a  man  named  J.  B.  Simonds  for 
$42  a  month.  He  paid  the  month's  rent  in  advance,  he  got  a 
lease  and  receipt,  he  left  the  office,  and  I  never  saw  him  since. 
The  collector  called  there  March  19.  The  place  was  locked  up, 
but  he  discovered  that  there  was  some  furniture  in  the  room.  He 
could  not  get  in,  but  he  saw  through  an  opening  in  the  door  that 
there  was  some  furniture  there.  On  the  20th  the  collector  called 
again  with  the  same  result.  On  the  21st  he  called  again,  and  this 
time  he  found  that  the  furniture  was  gone,  and  no  one  was  to  be 
found  there." 

"Will  you  tell  the  jury  as  near  as  you  can  the  full  conversa- 
tion you  had  with  this  man  Simonds  when  he  rented  the  flat  from 
you  ?  " 

"Well,  it  was  a  six-room  flat  that  was  always  rented  to  one 
party  for  living  purposes.  He  wanted  to  rent  two  or  three  rooms 
in  the  front,  and  I  refused  to  rent  him  two  or  three  rooms,  because 
we  wanted  to  rent  all  together." 

"Did  he  say  why  he  wanted  them  in  front  ? " 

"No;  I  suppose  because  it  was  down-town  and  he  wanted  a 
view  of  the  street." 

"Did  he  give  any  reason  for  it  to  you  ?  " 

"I  am  not  positive  whether  he  did  ?  " 

"The  front  rooms  which  you  speak  of,  which  he  wanted  to 
rent,  faced  on  what  street  ?  "  • 

"Clark  Street." 

"How  near  the  Chicago  Opera-house  building  ? " 

"I  think  they  are  directly  opposite  a  part  of  it." 

Here  was  the  first  link  connecting  the  man  who  rented  117 
South  Clark  Street  with  the  murder  of  Dr.  Cronin,  the  theory 
of  the  prosecution  being  that  these  rooms  were  rented,  directly 
opposite  the  oflSces  of  Dr.  Cronin  in  the  Opera-house  block,  long 


THE  BLOW  IN   THE  DARK.  167 

before  the  murder  was  committed,  for  the  purpose  of  studying  the 
habits  of  the  Doctor  and  making  arrangements  for  the  culmination 
later  on  of  the  terrible  tragedy. 

"On  what  floor  were  those  rooms  ? " 

"On  the  fifth  floor." 

"What  did  this  man  Simonds  further  say  ? " 

"Well,  he  said  he  would  take  the  whole  flat  in  order  to  secure 
the  two  or  three  rooms  in  the  front,  because  he  wanted  that  par- 
ticular loca!;ion ;  that  he  was  going  to  bring  a  brother  here  from 
the  East  to  have  his  eyes  treated,  and  that  that  location  would  be 
convenient  for  him." 

"Did  he  saj''  anything  else  }     Give  us  what  he  said  .? " 

"I  can't  recollect  anything  further." 

"Can  you  give  the  jury  a  full  description  of  this  man  as  far 
as  you  can  recollect } " 

"I  should  say  he  was  about  35  years  old,  about  5  feet  1\  or 
8  inches  tall;  he  weighed  about  165  or  167  pounds,  had  dark 
hair,  dark  eyes,  I  think,  rather  long,  drooping,  black  mustache; 
he  wore  a  derby  hat,  ^id  a  short-nap  chinchilla  overcoat." 

Further  questioning  only  served  to  disclose  the  fact  that 
there  was  nobody  else  outside  of  the  oflSce  of  the  real-estate  men 
who  rented  it  who  could  identify  the  tenant  in  connection  either 
with  the  gas  or  water  supplies.  The  Coroner  brought  out  the 
point  that  the  mysterious  tenant  when  paying  for  the  flat  pro- 
duced a  large  roll  of  bills  of  different  denominations  and  ap- 
peared to  be  very  well  supplied  with  money.  Coroner  Hertz 
appeared  to  be  anxious  to  elaborate  upon  the  question  of  the  for- 
mation of  the  tenant's  nose. 

W.  P.  Hatfield,  981  Central  Park  Avenue,  a  salesman  of  A.  H. 
Revell  &  Co.,  testified  that  February  19  he  sold  a  three-piece  cham- 
ber set  to  a  man  giving  the  name  of  Simonds,  who  had  them  sent 
to  117  South  Clark  Street.  He  also  sold  to  Simonds  a  trunk 
about  thirty -two  inches  in  width  by  twenty-one  inches  deep,  thirty- 
two  yards  of  carpet,  a  small  hand  lamp,  a  wash-stand  and  a  large 


168  THE  BLOW  IN   THE  DARK. 

trunk  strap.  He  believed  he  also  sold  to  the  tenant  of  117  Clark 
Street  a  small  outside  cocoa  door  mat.  The  chamber  set  con- 
sisted of  a  dresser,  a  wash-stand,  a  bed  and  mattress.  The  witness 
was  asked  to  describe  the  marks  which  are  usually  placed  upon 
pieces  of  furniture  by  the  firm,  and  said  they  were  generally 
marked  in  stencil  "  A.  H.  R.  &  Co."  Sometimes  if  the  stencil 
was  not  convenient  the  shipping  clerk  might  mark  it  with  a  pen- 
cil. When  Simonds  was  giving  his  address  he  gave  it  as  J.  B. 
Simonds,  117  Clark  Street,  rooms  12  and  15. 

"  What  kind  of  a  looking  man  was  he.?" 

"An  ordinary -sized  man,  about  five  feet  six  and  one-half 
inches  tall,  about  thirty-five  years  of  age,  with  a  dark  brown  mus- 
tache and  moderately  heavy.  He  had  a  full  face,  a  pleasing 
address,  and  his  complexion  was  rather  fair  or  red." 

"  Did  you  note  his  accent .?" 

"  Yes,  sir.     I  think  he  had  a  foreign  accent." 

"What  kind — German,  French,  or  what.?" 

"  Rather  English,  I  should  say,  or,  perhaps,  Irish." 

"  You  have  noticed  his  complexion ;  you  may,  perhaps,  have 
noticed  the  shape  of  his  nose.  Was  there  anything  peculiar 
about  that .?" 

"It  was  inclined  to  the  Roman,  not  marked  very  specially." 
The  witness  went  on  to  say  that  Simonds  paid  cash  for  the  goods 
the  next  day  following  the  day  on  which  he  bought  them.  He  paid 
in  bills  of  large  denominations,  and  it  struck  him  as  rather  pecu- 
liar at  that  time  that  the  witness  handled  his  roll  of  bills  rather 
carelessly.  He  simply  stuck  his  hand  down  into  his  pocket  and 
fished  them  up;  he  did  not  appear  to  have  a  wallet  or  purse  or 
anything  of  that  kind.  His  manner  was  more  pleasant  than  that 
of  the  ordinary  customer  engaged  in  purchasing  goods.  He  did 
not  seem  to  care  anything  about  the  price  so  the  articles  he  got 
suited  him.  The  witness  again  described  the  size  of  the  trunk, 
and  he  corrected  himself  by  saying  that  the  trunk  was  about  forty 
inches  in  width  by  twenty  inches  deep.     It  was  the  largest-sized 


THE  BLOW  IN   THE  DARK.  169 

trunk  they  had  in  the  place.  He  said  that  Simonds  appeared 
anxious  to  get  a  more  than  ordinarily  heavy  strap  for  the  trunk, 
and  the  witness  had  to  order  one  specially  for  him  from  Lanz, 
Owen  &  Co.  The  goods  were  delivered  at  117  South  Clark  Street 
February  20  by  a  driver  named  Fred  Allen.  He  did  not  give 
his  address  when  he  first  purchased  the  goods,  nor  his  name  either, 
but  he  did  so  the  following  day. 

The  20th  of  March  last  a  man,  fairly  well  dressed,  but  look- 
ing as  if  he  might  be  a  workingman,  came  to  the  rear  of  the  cot- 
tage No.  1872  Ashland  Avenue,  and  asked  if  the  one  in  front 
was  for  rent.  He  was  told  that  it  was  and  that  the  price  was  $13. 
He  immediately  rented  it,  paying  his  money  down  at  the  time. 
He  went  away,  and,  several  days  later,  came  back  with  another 
man  and  a  wagon  carrying  some  furniture,  consisting  of  a  bureau, 
wash-stand,  bedstead  and  several  rugs.  They  then  left  and  were 
not  seen  again  until  the  20th  of  April,  when  they  again  returned 
and  desired  to  pay  another  month's  rent.  They  hadn't  occupied 
the  house  during  March,  and  the  furniture  they  brought  for  the 
place  was  so  small  that  suspicions  were  excited  and  it  was  con- 
cluded not  to  rent  them  the  place  again.  Mrs.  Carlson,  the  wife 
of  the  owner,  was  alone  in  the  rear  cottage  at  the  time,  and  at 
first  firmly  refused  to  rent.     She  said  the  place  was  for  sale. 

"  What  is  your  price.?"  asked  one  of  the  two  men,  who  called 
themselves  Williams,  stating  that  they  were  brothers. 

'^  It  is  $3,000,"  she  replied. 

"  That  is  too  much.  I  would  not  give  over  $2,500  for  it,"  said 
the  speaker. 

They  rented  the  house,  saying  that  their  sister,  who  was  sick, 
would  soon  be  able  to  leave  the  hospital  and  take  up  her  residence 
in  the  cottage.  No  sister  ever  came,  though  but  a  few  days  be- 
fore the  tragedy  one  of  the  men  came  again  to  Mrs.  Carlson  and 
wanted  to  rent  the  house. 

There  were  two  men  who  seemed  to  be  the  tenants  of  the 
cottage,  one  of  them  answering  closely  to  the  description  of  Mar- 


170 


THE  BLOW  IN   THE  DARK. 


tin  Burke,  the  other  to  that  of  Cooney,  "  the  Fox."  They  must 
have  lived  a  curious  life  in  the  half-furnished  little  house,  with 
its  bare  walls  and  uninviting  look. 

Whatever  scheme  it  was  that  took  these  men  to  this  little  out-of- 
the-way  cottage,  it  could  not  have  been  a  happy  one  in  the  interval 
of  waiting  between  the  renting  of  the  premises  and  the  doing  of 
the  murder. 


yai! 


"Cooney,  the  Fox."     From  a  Photograph. 

There  are  a  number  of  curious  circumstances  which  throw 
unexpected  lights  on  the  kind  of  life  the  men  must  have  lived. 

They  had  no  dishes,  for  instance,  so  they  must  have  camped 
out  after  a  fashion,  and  either  taken  their  meals  somewhere  out 
of  the  house,  or  they  must  have  lived  on  cheese  and  crackers  and 
an  occasional  paper  of  sandwiches.     There  were  no  conveniences 


THE  DYNAMITE  WAR. 


171 


for  cooking  in  the  house,  and  very  few  conveniences  for  any- 
thing else.  There  was  a  bed,  but  there  were  no  sheets  or 
pillow-slips,  and  but  the  scantiest  possible  assortment  of  bed- 
clothing. 

Despite   all  these   discomforts,  here  these   men   lived   and 


The  Front  Bed-Room  of  the  Carlson  Cottage. 

passed  a  great  part  of  their  time  from  the  day  the  cottage  was 
rented  until  the  night  of  May  4  th. 

One  link  still  was  to  be  found  to  bind  them  to  the  flat  at 
117  Clark  Street,  the  expressman  who  had  moved  their  scanty 


172  THE  BLOW  IN   THE  DARK. 

belongings  from  one  place  to  the  other,  and  he  was  finally  found. 
His  name  was  Hakon  Mortensen,  whose  stand  was  on  Chicago 
Avenue  and  Market  Street. 

Mortensen  subsequently  stated  upon  the  stand  that  he  was 
hired  to  haul  a  load  of  furniture  from  the  premises  on  Clark 
Street  about  half-past  five  in  the  afternoon  of  a  day  in  the  latter 
part  of  March.  The  precise  day  he  could  not  remember.  The 
man  came  over  to  his  stand  and  asked  him  to  go  down  to  117 
Clark  Street  and  take  a  load  of  furniture  to  the  corner  of  Lincoln 
and  Belmont  avenues. 

"  He  asked  me  how  much  I  wanted,"  continued  Mortensen, 
"to  go  out  there,  and  I  asked  him  $2.  He  said:  'No;  I  won't 
pay  more  than  $1.50.'  I  took  the  11.50.  He  said  he  would  be 
down  in  the  door  waiting  for»  me,  and  I  went  down  and  found 
the  same  man.  He  was  alone.  I  jumped  out  of  the  wagon,  and 
he  went  up-stairs  and  told  me  to  stay  down.  He  commenced  to 
carry  out  the  furniture.  Another  man  was  along  with  him.  I 
did  not  carry  any  of  the  furniture  down;  I  put  it  on  the  wagon." 

Mortensen  then  described  the  articles  of  furniture  removed 
the  same  way  that  had  been  done  by  previous  witnesses  for  the 
State.  The  trunk  was  brought  in  and  placed  on  the  floor  in 
front  of  the  witness  stand,  and,  on  Mortensen's  attention  being 
called  to  it,  he  said:  *' That  looks  like  it.  It  had  a  big,  heavy 
strap  around  it  about  four  or  five  inches  wide  and  maybe  one  or 
two  inches  thick." 

To  make  the  bulk  of  the  strap  a  matter  of  certainty  the 
witness. was  handed  one  of  the  official  reporter's  pencil-cases,  and 
illustrated  the  width  and  thickness  of  the  strap  around  the  trunk 
by  that.  He  said  it  was  about  the  same  width  and  a  little 
thicker.  It  took  him  about  three-quarters  of  an  hour  to  load  the 
furniture  on  the  wagon. 

"  He  told  me  to  go  out  to  Lincoln  and  Belmont  avenues," 
he  continued.  "  He  said  he  was  going  to  take  the  cable  car.  I 
went  to  Lincoln  and  Belmont  avenues,  and  the  man  wasn't  there. 


THE  BLOW  IN   THE  DARK.  173 

I  waited  for  him  about  an  hour,  maybe  more,  and  then  he  came 
with  another  man  with  a  horse  and  buggy.  I  asked  him  what 
was  the  matter,  I  had  to  wait  so  long.  He  said  he  couldn't  help 
it  —  the  cable  broke  down.  He  came  about  eight  o'clock.  He 
asked  me  to  have  a  drink  with  him,  and  we  went  into  a  saloon 
on  the  southeast  corner  of  Lincoln  and  Ashland  avenues.  He 
told  me  to  follow  him,  and  we  went  to  1872  North  Ashland 
Avenue,  to  a  frame  cottage.  I  unloosed  the  rope,  and  the  other 
two  fellows  carried  the  furniture  in.  Young  Carlson  came  out, 
and  I  talked  to  him  a  few  minutes,  not  in  the  presence  of  the 
other  men.  When  I  got  through,  the  fellow  that  was  along  with 
the  man  that  hired  me  asked  him,  '  Ain't  you  going  to  pay  the 
expressman  ? '  and  he  said,  '  Yes,'  and  asked  me  if  I  could  change 
a  15  bill.  I  could  not.  I  asked  him  for  more,  because  I  had  to 
wait,  but  he  did  not  pay  me  any  more." 

On  cross-examination  Mortensen  did  not  show  himself  a 
very  good  witness  for  the  State.  He  was  taken  into  the  employ 
of  the  Police  Department,  and  is  now  in  charge  of  the  horses  at 
Desplaines  Street  Station,  at  a  salary  of  $52.50  a  month. 

Mr.  Forrest  put  a  long  series  of  questions  to  him  as  to  what 
particular  loads  of  furniture  he  had  hauled  for  other  people  since 
that  occasion,  and  asked  him  to  describe  the  different  pieces  of 
furniture  that  he  had  moved  at  other  times.  Mortensen  was 
unable  to  describe  a  single  person  who  had  hired  him,  or  any 
particular  piece  of  furniture  that  he  had  moved  for  other  people. 
He  was  asked  to  specify  between  what  particular  points  he  had 
on  other  occasions  hauled  furniture,  which  he  was  unable  to  do* 
His  recollection  of  this  transaction  was  fixed  to  some  extent  by 
the  fact  that  he  had  only  commenced  to  be  an  expressman  about 
a  month  before,  commencing  about  the  last  of  February,  and 
ceased  to  be  in  that  business  in  June,  when  he  went  to  Winnipeg. 
Being  asked  how  he  knew  the  number  of  the  Carlson  cottage,  he 
said  he  had  recently  gone  out  there  at  the  request  of  Judge 
Longenecker  to  find  the  number.     He  was  unable  to  explain  the 


174  THE  BLOW  IN   THE  DARK. 

circumstance  that  he  had  stated  in  Winnipeg  that  the  number  of 
the  house  was  1872  Ashland  Avenue. 

Good  witness  or  bad,  however,  Mortensen  was  the  link  upon 
which  the  State  relied  to  establish  the  connection  between  the 
Clark  Street  flat  and  the  Carlson  cottage;  and  besides  this,  Revell's 
salesmen  were  positive  that  the  furniture  found  in  the  cottage 
had  been  by  them  sold  and  sent  to  the  flat. 

If  the  theory  is  a  true  one,  how  many  dramatic  incidents 
must  have  occurred  while  these  men  were  camping  out,  amid 
these  bare  walls,  waiting  for  the  victim  who  was  so  long  in  com- 
ing. What  troubled  dreams  they  must  have  had  in  the  sheetless 
beds  !  what  visions  of  the  tragedy  that  was  to  be ! 


Chapteb  v.  . 

A  Fine  Night  for  a  Long  Eide — The  White  Horse  and  the 
Buggy — O'Sullivan's  Card — A  Deferred  Meeting — "Here  is 
the  Key" — Where  is  the  Doctor  ? — Looking  for  News — Mrs. 
Conklin's  Anxiety — Alarming  His  Friends — The  Police  In- 
formed— Losing  Valuable  Time — The  Bloody  Trunk  Found 
— Suspicion,  but  no  Proofs — Conflicting  Theories — Anxiety 
and  Slander. 

\f  T  was  about  noon  of  May  4th  that  Detective  Dan  Coughlin 
I  dropped  into  Dinan's  livery  stable,  which  is  quite  near  the 
/i\  East  Chicago  Avenue  police  station,  and  told  Pat  Dinan  that 
he  had  a  friend  who  would  want  a  horse  and  buggy  that  evening, 
and  to  let  him  have  one. 

"I  told  him  all  right,  that  I  would,"  said  Dinan  subsequently 
in  describing  the  occurrence.  "I  asked  him  what  kind  of  a  rig 
he  wanted,  and  he  said  he  was  not  particular,  that  most  any  kind 
of  a  rig  would  do.  I  had  an  extra  horse  that  I  did  not  use  much. 
He  was  an  old  white  horse,  and  as  Coughlin  was  not  particular,  I 
thought  it  would  fill  the  bill.  About  five  or  ten  minutes  past  seven 
on  that  same  evening  my  blacksmith,  Mr.  Jones,  came  in  and  said 
he  wanted  a  horse  and  buggy  for  an  hour  or  an  hour  and  a  half, 
and  I  said  all  right.  While  Jones  was  there  Coughlin's  friend 
came  to  the  stable  and  asked  for  the  horse  that  had  been  ordered 
for  him  that  day." 

Dinan  then  described  the  hitching  up  of  a  sorrel  horse  for 
Jones,  the  blacksmith,  and  the  white  horse  for  the  stranger;  and 
told  how  the  stranger  wanted  to  get  the  sorrel  horse,  but  had 
finally  to  content  himself  with  the  old  white  horse,  Dinan  having 
refused  to  give  him  any  other.  He  wanted  side  curtains  on  the 
buggy,  but  Dinan  told  him  he  could  not  supply  them;  that  the 
rig  was  an  old  one,  and  he  could  not  tell  where  the  curtains  were 

(173) 


176  THE  BLOW  IN  THE  DAUK. 

just  then.  Dinan  told  him  that,  as  the  night  was  dark,  he  needn't 
be  afraid  of  being  seen  by  anybody  that  he  did  not  care  to  be  seen 
by.  The  stranger  made  some  growling  remarks  to  himself,  got 
into  the  rig,  and  drove  off.  He  went  directly  north  on  Clark 
Street,  and  Dinan  watched  him  until  he  crossed  Chestnut,  as  he 
was  afraid  the  old  white  horse  might  *'rnst"  or  stop. 

The  man  who  drove  the  buggy  away  was  about  five  feet  seven 
inches  high.  He  wore  a  coat  that  was  buttoned  close  up  around 
his  chin,  a  little  soft  black  hat  turned  up  behind  and  turned  down 
in  front.  It  was  pulled  down  very  low  over  his  eyes,  almost  hid- 
ing his  nose.  Dinan  got  a  better  look  at  him  as  he  got  into  the 
buggy.  He  appeared  to  have  an  eight  or  ten  days'  growth  of 
beard,  of  a  dark  brown  color,  a  little  faded  at  the  top  or  stubby 
part  of  it. 

Dr.  Cronin's  home  office  was  at  468  North  Clark  Street,  about 
five  blocks  north  of  Dinan's  livery  stable. 

At  about  7 :30  o'clock  on  the  evening  of  May  4th  a  man  driv- 
ing a  white  horse  in  an  old  buggy,  and  apparently  coming  from 
the  south,  drew  up  in  front  of  Dr.  Cronin's  office  and  got  out. 

Mrs.  T.  T.  Conklin's  description  of  this  episode  is  so  graphic 
that  I  will  use  her  language; 

"On  Saturday  evening,"  said  she,  "about  half- past  seven,  a 
man  came  to  the  door  and  rang  the  bell  violently.  I  answered  it 
myself.  He  seemed  to  be  quite  excited.  'Is  Dr.  Cronin  in  ?'  he 
asked.  I  replied  that  he  was.  'I  would  like  to  see  him,'  he  said. 
I  asked  him  to  walk  in.  He  hesitated  and  did  not  seem  to  care  to 
come  in.  I  said  to  him,  'You  must  come  in  if  you  wish  to  see 
him,  because  the  Doctor  is  occupied,  and  you  will  have  to  wait.' 
He  finally  came  into  the  parlor,  and  I  asked  him  to  take  a  seat. 
He  said,  'I  can't  wait  here,  I  am  in  a  great  hurry.  I  want  Dr. 
Cronin  as  quickly  as  possible.'  I  told  him  that  Dr.  Cronin  was 
engaged  in  his  private  room  with  a  lady,  but  that  I  would  go  up 
and  tell  him.  I  did  so,  informing  the  Doctor  that  there  was  a  man 
below  who  wished  to  see  him  in  a  hurry.    The  Doctor  came  down 


••Oh,  my  God!" — The  Tragedy  in  the  Carlson  Cottage.        [177}:. 


178  THE  BLOW  IN  THE  DARK. 

to  the  parlor,  and  the  stranger,  who  had  been  sitting  nervously 
on  the  edge  of  a  chair,  arose  when  the  Doctor  approached  him, 
and  presented  a  card.  My  attention  was  called  to  the  conversa- 
tion which  ensued  between  them,  and  I  distinctly  heard  the  man 
say,  'Mr.  Sullivan  is  out  of  the  city.  He  left  word  that  j^ou  are 
the  Doctor  who  attends  his  men  in  case  of  accident.  One  of 
them  has  been  terribly  injured,  and  you  are  wanted  quickly.'  The 
Doctor  asked  what  was  the  nature  of  his  injury,  and  he  stated  that 
he  had  been  run  over  and  that  one  of  his  hands  was  terribly  hurt. 
The  Doctor  went  out  with  the  man,  and  I  stopped  at  the  window 
watching  them.  I  heard  no  more  of  the  conversation,  except  as 
they  went  out  I  heard  the  man  say:  'I  have  a  horse  and  buggy 
for  you  here.' 

"I  stepped  mto  the  window  and  noticed  particularly  the  horse 
and  buggy.  The  Doctor  never  spoke  to  me  after  that.  He  hur- 
riedly gathered  together  his  instruments  and  splints,  some  cotton, 
bandages,  and  other  things.  They  went  out  and  got  into  the 
buggy  together.  I  saw  the  man  take  the  weight  from  the  horse's 
head  and  drive  away  rapidly.  Before  they  went  away  I  saw 
Frank  Scanlan  come  up  and  evidently  speak  to  the  Doctor,  but  I 
did  not  hear  what  was  said. 

"I  saw  Dr.  Cronin  take  a  bunch  of  keys  and  reach  them  out 
as  if  trying  to  hand  them  to  Mr.  Scanlan,  but  the  man  drove  away 
so  quickly  that  Dr.  Cronin  had  to  throw  them  to  him.  I  saw  him 
drive  off  north  on  Clark  Street,  and  that  was  the  last  time  I  ever 
saw  Dr.  Cronin  alive." 

Mrs.  Conklin  then  described  the  man  who  had  called  for  Dr. 
Cronin  as  a  medium-sized  man,  about  five  feet  six  or  seven  inches, 
dark  complexion.  He  appeared  to  be  rather  flushed,  which  she 
attributed  to  excitement.  He  had  a  small  mustache,  and  wore  a 
soft,  low-crowned,  black  hat,  which  he  removed  when  became  in. 
Dr.  Cronin,  she  said,  wore  a  slouch  hat  with  a  high  crown.  The 
stranger's  hair  was  grayish,  not  particularly  long  nor  short. 


THE  BLOW  IN   TllP:  DARK.  179 

"When  you  were  at  the  window,  did  you  notice  the  horse  and 
buggy  ?"  she  was  asked. 

"I  did  particularly.  It  was  what  might  be  called  a  box  buggy, 
not  a  large  one.  I  noticed  that  they  were  very  much  crowded, 
and.  Dr.  Cronin  being  a  large  man,  he  had  to  sit  sideways  in  order 
to  give  the  driver  room.  The  horse  was  a  white  one,"  said  Mrs. 
Conklin,  '^but  I  hardly  know  how  to  describe  it.  It  had  quite  a 
long  neck,  and  he  seemed  to  be  very  quiet  and  spiritless.  He  had 
very  peculiar  knees  and  feet.  I  never  will  forget  him.  His  knees 
were  verj'-  prominent,  and  the  motion  of  the  fore-legs  from  the 
knees  down  was  rather  peculiar.  It  was  not  a  young  horse,  evi- 
dently." 

Just  then  Frank  T.  Scanlan,  of  34  Belleview  Place,  came  along 
and  asked  the  Doctor  if  he  was  going  to  be  at  the  meeting  of  the 
stockholders  of  the  Celto-American  Publishing  Company.  The 
Doctor  exclaimed: 

"Ah,  Frank,  glad  you  came  along,  as  I  don't  know  when  I  can 
get  off.  Here  are  the  keys  to  the  office,  so  you  can  open  it  for 
the  meeting.  Tell  the  Catholic  Foresters  that  I  can't  be  there 
either.  I  am  called  to  attend  a  man  who  is  badly  hurt  up  at  Sul- 
livan's ice-house." 

Then  he  drove  away  into  the  gathering  gloom,  never  to  re- 
turn. 

There  had  been  so  many  conversations  between  Dr.  Cronin 
and  Mr.  and  Mrs.  Conklin  on  the  chances  of  a  conspiracy  to  take 
his  life,  that  they  became  anxious  about  him  when  he  failed  to 
return  at  a  reasonable  hour  during  the  night.  The  next  morning, 
seeing  that  he  was  still  absent,  they  seem  to  have  made  up  their 
minds  once  and  for  all  that  he  was  murdered,  and  they  immediately 
began  to  act  upon  that  theory. 

The  card  that  the  stranger  had  left  was  still  standing  on  the 
mantelpiece  in  Cronin's  office.  It  was  the  business  card  of  the 
Sullivan  Ice  Company,  of  Lincoln  Avenue,  and  this  was  at  once 
taken  as  a  clew.   The  Conklins  early  notified  the  Doctor's  friends 


THE  BLOW  IN   THE  DARK.  181 

of  his  disappearance  and  their  fears,  and  after  a  hasty  consulta- 
tion, the  whole  matter,  the  card,  description  of  the  driver,  the 
horse  and  the  buggy  which  drove  Dr.  Cronin  away,  and  a  detailed 
account  of  the  suspicions  which  his  intimates  entertained  were 
placed  in  the  hands  of  the  Pinkerton  Detective  Agency,  and  the 
work  of  solving  the  mystery  began. 

The  first  step  was,  of  course,  to  see  Sullivan;  but  here  the 
trail  ended.  Mr.  Sullivan  was  found  at  home,  and  was  greatly 
surprised  when  he  learned  what  the  detectives  were  after.  He  had 
not  been  away  from  home;  he  had  not  sent  for  Dr.  Cronin,  and 
there  had  been  no  accident  to  any  of  his  men. 

Here  was  a  blank  wall  at  which  the  road  ended. 

Sullivan,  with  much  apparent  readiness,  accompanied  the  de- 
tective down  to  Mrs.  Conklin's  home,  and  there  he  answered 
frankly  all  the  questions  which  Cronin's  friends  asked  him.  There 
was  much  that  was  unintelligible  in  his  connection  with  Cronin. 
They  did  not  understand  why  a  man  with  but  four  employes 
should  want  to  employ  a  doctor,  and  especially  a  doctor  living 
miles  away  from  his  residence,  when  there  were  so  many  other 
physicians  living  between  the  two.  But  the  facts  were  the  facts, 
and,  suspicious  as  they  seemed  to  Cronin's  immediate  friends 
neither  the  public  nor  the  press  shared  their  conviction  that  any- 
thing had  gone  wrong  with  the  Doctor.  It  seemed  too  melodra- 
matically improbable. 

Facts  began  to  accumulate,  however.  About  noon  on  Sunday 
Alderman  Chapman  rushed  into  the  police  office  at  Lake  View 
and  excitedly  informed  Capt.  Villiers  that  a  trunk  which  had  evi- 
dently contained  the  body  of  a  murdered  man  was  then  lying  on 
Evanston  Avenue  near  Sulzer  Street.  The  patrol-wagon  was  sent 
to  bring  in  the  trunk  and  its  contents.  When  the  wagon  reached 
the  spot  indicated  by  the  alderman  they  found  a  large  crowd  as- 
sembled around  a  trunk  lying  in  the  gutter  at  one  side  of  the  road 
behind  a  clump  of  bushes.  It  was  taken  to  the  Lake  View  po- 
lice station  and  opened. 


182  THE  BLOW  IN   THE  DARK. 

The  sides,  ends  and  bottom  of  the  trunk  were  covered  with 
blood  and  hair.  Lying  in  the  bottom,  and  also  covered  with 
blood,  was  a  lar^e  piece  of  cotton- batting,  such  as  is  used  by 
surgeons,  and  like  that  taken  by  the  Doctor  when  he  left  home. 

Taking  a  detail  of  twelve  officers  with  him,  Capt.  Villiers  at 
once  proceeded  to  Evanston  Avenue,  and  made  a  thorough  search 
of  the  fields  and  woods  in  the  neighborhood  in  the  hope  of  finding 
the  body,  but  the  search  proved  fruitless.  Every  foot  of  ground 
where  it  was  possible  for  a  body  to  be  buried  or  concealed  was 
carefully  gone  over,  but  not  the  slightest  clew  was  obtained. 

Returning  to  the  station,  the  Captain  had  the  blood  in  the 
trunk  subjected  to  a  microscopical  test,  and  it  was  proven  that  it 
was  from  a  human  being.  The  hair,  which  was  of  a  dark  brown 
color,  was  also  put  under  the  glass,  and  it  was  found  to  have  been 
cut  from  the  head  by  some  blunt  instrument. 

Dr.  Cronin's  hair  was  of  the  same  color  as  that  found  in  the 
trunk. 

On  being  told  about  the  trunk  OflScer  Smith  said  that  about 
two  o'clock  Sunday  morning,  as  he  was  standing  at  Clark  and 
Frederick  streets  in  company  with  OflScer  Hayden,  a  wagon,  such 
as  is  used  around  planing-mills,  driven  by  two  men,  came  rapidly 
up  the  street  from  the  direction  of  Chicago.  Smith  ran  to  the 
middle  of  the  street,  and  as  the  wagon  came  nearer  he  saw  that 
there  was  a  box,  apparently  a  carpenter's  tool  chest,  on  the  truck. 
The  officer  sprang  forward  to  stop  the  team,  but  the  men  whipped 
up  and  drove  past.  As  the  wagon  passed  him  the  officer  saw  that 
the  supposed  tool-chest  was  in  reality  a  large  trunk,  and  when  he 
saw  the  one  at  the  station  he  readily  identified  it  as  the  trunk  he 
had  seen  in  the  wagon  the  night  before. 

He  further  said  that  about  an  hour  after  the  two  men  with 
the  wagon  and  trunk  had  passed  him  at  Clark  and  Frederick 
Streets  he  was  at  the  corner  of  Clark  Street  and  Diversey  Avenue, 
and  saw  the  same  team  returning  toward  the  city,  but  without  the 
trunk.     For  some  reason  Officer  Smith  said  nothing  to  any  one  of 


THE  BLOW  IN   THE  DARK.  183 

this  singular  occurrence  when  he  returned  to  the  station  in  the 
morning,  and  nothing  was  known  of  the  matter  until  he  came  on 
for  night  duty  at  seven  o'clock  that  evening. 

Here  was  a  valuable  find,  but  still  nobody  believed  that 
Cronin  had  been  killed.  There  were  other  theories  to  account 
for  the  bloody  trunk. 

I  have  before  me  files  of  the  Chicago  papers  for  May,  1889, 
and  it  is  curious  to  observe  how  guardedly  the  case  was  treated. 
Interviews  with  leading  Irishmen  are  given,  some  of  them  declar- 
ing that  Cronin  was  dead,  others  that  he  had  managed  a  myster- 
ious disappearance.  He  was  heard  from  here,  there,  everywhere. 
Now  he  was  seen  in  New  York,  now  in  St.  Louis.  Rumors  of  all 
sorts  filled  the  air,  and  no  man  could  tell  what  to  believe  about 
the  mystery. 


Circumstantial  Evidence. 

I. — The  Attic  of  1872  Ashland  Avenue.     2. — Fingerprints  on  the  blind. 
3. — Footprints  on  the  floor.     4 — The  front  room,  showing  dresser 
and  wash-stand>  back  of  which  latter  are  blood-stains  on  the  wall.      [184] 


BOOK  III 


"MXJRDKR  WIIvIvOUT." 


Chapter  I. 

Dinan  and  His  Suspicions — The  Secret  Nearly  Told — Miss  Mur- 
phy's Story — Cronin  Seen  in  a  Cable  Car — The  Conductor 
and  the  Lint — Cronin  in  Toronto — Long's  Queer  Dispatches 
— Cronin's  Friends  Declare  Them  Fakes — Excitement  in  Both 
Factions — Woodruff  Comes  on  the  Scene — Waiting  for 
More  Developments — Scattering  of  the  Conspirators — Cro- 
nin's Anxiety — Capt.  Schaack's  Work. 

iHE  livery  stable  keeper,  Dinan,  was  really  the  first  person 
whose  suspicions  had  been  aroused,  and  who  began  to 
work  along  the  line  upon  which  the  case  was  subsequently 
developed.  The  reader  has  been  told  of  Coughlin's  visit  to  the 
livery  stable,  and  of  the  hiring  of  the  white  horse  and  the  buggy. 
When  Dinan  read  in  the  papers  the  description  of  the  man  and 
the  rig  that  had  taken  Cronin  away,  he  made  up  his  mind  that  he 
knew  facts  which  he  ought  to  communicate  to  Capt.  Schaack. 

He  accordingly  went  over  to  the  Chicago  Avenue  Station  to 
do  so,  but  on  his  way  was  met  by  Coughlin,  who  asked  him  to 
say  nothing  to  the  Captain,  because  his  (Coughlin's)  hostility  to 
Cronin  was  well  known,  and  the  statement  might  get  him  into 
trouble. 

Dinan  was  still  unsatisfied.  The  more  he  turned  the  circum- 
stances over  in  his  mind,  the  more  sure  he  felt  that  he  ought  to 
tell  what  he  knew.  He  accordingly  called  at  Capt.  Schaack's 
house. 

"  Dinan  came  to  my  house  just  after  dinner,"  said  Capt., 
(185) 


186  MURDER  WILL  OUT. 

Schaack  at  the  inquest.  "  I  had  sent  out  word  about  6  o'clock  in 
the  morning  of  that  day,  May  6th,  to  the  men  to  visit  all  livery 
and  boarding  stables,  and  find  out  if  they  had  hired  out  a  white 
horse  with  a  buggy  on  Saturday  evening.  Some  reported  they 
found  nothing;  others  did  not  report  anything.  Dinan  called  at 
my  house,  and  he  told  me  about  this  gray  horse  of  his  that  he  had 
hired  out  on  Saturday  night.  He  told  me  that  Officer  Coughlin 
had  told  him  on  Saturday  that  if  anybody  should  call  for  a  horse 
he  should  give  it  to  him,  and  that  he  would  be  responsible.  I 
told  Dinan  to  keep  that  quiet  and  not  to  let  any  one  have  the  rig, 
nor  dispose  of  it  on  any  account. 

"^When  I  went  down  to  the  station  I  called  out  Cough- 
lin and  asked  him  if  he  had  sent  any  one  to  Dinan's  for  a  rig  Sat- 
urday night,  and  he  said  he  had.  I  asked  him  if  he  knew  the 
party  and  he  said  'yes.'  I  told  him  that  he  must  start  right  out 
and  get  that  man,  and  I  said  that  I  believed  that  it  would  probably 
turn  out  to  be  the  rig  that  took  Dr.  Cronin  away.  I  asked  him 
if  he  knew  where  the  party  lived.  He  said  he  did  not.  He  said 
the  fejlow  came  to  the  station  and  introduced  himself  as  a  friend 
from  some  part  of  Michigan.  They  had  breakfast  together,  and 
then  the  fellow  called  around  a  couple  of  times  at  the  station  look- 
ing for  Coughlin.  I  told  him  he  had  better  get  the  man.  A  couple 
of  days  after  I  asked  him  if  he  had  got  that  man  yet,  and  he  said 
'  no.'  I  told  him  that  it  was  the  best  thing  that  he  could  do  for 
himself  to  find  him,  and  the  next  day  I  reported  the  whole  affair 
to  the  Chief,  and  told  him  that  I  thought  I  had  the  horse  aijd 
buggy  that  had  taken  Cronin  away. 

*'  I  saw  the  Chief  again  later,  and  he  told  me  to  take  that 
buggy  and  make  the  time  as  near  as  possible  in  the  evening  that  the 
horse  and  buggy  had  appeared  at  Conklin's  house.  I  was  to  bring 
it  to  that  house  and  put  it  in  the  same  position  that  the  vehicle 
had  been  in  on  the  evening  of  May  4th,  and  have  the  Conklins 
and  other  people  see  if  they  could  identify  it.  Before  that  I  saw 
Mrs.  Conklin  and  told  her  that  I  thought  I  had  the  rig  in  which 


MURDER  WILL   OUT.  187 

Dr.  Cronin  had  been  taken  away.  About  7  o'clock  I  took  Sergt. 
Koch  and  we  drove  to  Division  Street  and  pulled  up  in  front  of 
where  Mrs.  Conklin  lives.  The  buggy  was  driven  across  the 
street  and  back  again.  She  was  looking  out  of  the  window,  and 
when  the  horse  was  brought  up  she  said :     '  That  is  not  the  horse.' 

"  I  brought  the  horse  back  to  the  barn  and  turned  it  over  to 
Dinan,  telling  him  that  he  could  do  what  he  pleased  with  it,  that 
it  was  not  the  rig;  and,  meeting  Coughlin  a  few  minutes  later,  I 
told  him  that  it  was  a  lucky  thins^  for  him  that  the  rig  his  friend 
had  taken  was  not  the  one  that  had  carried  the  Doctor  off." 

A  few  days  later  Coughlin  told  the  Captain  that  he  had  seen 
Smith,  who  was  going  to  New  Mexico,  but  he  did  not  explain  why 
he  had  not  brought  him  into  the  station,  as  he  had  been  ordered. 
Nor  at  the  time  did  any  one  attach  any  importance  to  the  man 
"  Smith,"  for  Mrs.  Conklin's  failure  to  identify  the  horse  that  he 
had  used — in  fact,  her  positive  statement  that  it  was  not  the  horse 
— seemed  to  put  him  and  his  friend  Coughlin  entirely  outside  the 
range  of  suspicion. 

Besides  this  there  had  in  the  meantime  been  accumulating 
evidence  which  tended  to  show  that  Cronin  was  alive  and  in  Can- 
ada. "  Tended  to  show  "  is  too  weak  a  way  to  put  it ;  it  was  posi- 
tively and  circumstantially  stated. 

C.  T.  Long,  at  one  time  a  Chicago  reporter,  and  then  en- 
gaged on  the  Toronto  papers,  telegraphed  to  the  Chicago  papers, 
on  May  10th,  a  detailed  account  of  his  meeting  with  Cronin  on 
the  streets  in  Toronto.  After  describing  Cronin's  effort  to  get 
away  from  him,  Long,  who  wrote  the  dispatch  in  the  third  per- 
son, goes  on  to  say: 

"  While  on  the  way  to  Court  Street  Station,  on  the  corner  of 
King  and  Toronto  streets.  Long  saw  Cronin  and  his  friend  walk- 
ing rapidly  down  Toronto  Street.  Stepping  into  a  doorway  at 
the  Receiver-General's  office  he  waited  until  they  had  passed,  and 
then  noticed  that  Cronin  had  adjusted  a  pair  of  goggles,  but  other- 
wise was  attired  precisely  the  same  as  on  Yongee  Street. 

"Stepping  up  to  Dr.  Cronin,   Long  said:     'Cronin,  what 


188  MURDER  WILL  OUT. 

are  you  doing  in  Toronto  when  your  friends  in  Chicago  are 
hunting  the  earth  for  you  ? ' 

"  '  Now,  look  here,  Long,'  he  replied,  '  for  God's  sake  let  up 
on  me.  I  have  already  had  enough  notoriety  and  don't  want  to 
be  bothered.  Why  can't  you  let  me  go  ?  You  know  I  have 
always  been  your  friend,  and  I  shall  expect  that  you  will  say  noth- 
ing about  having  seen  me.* 

"  '  Come  in  and  let  us  talk  the  matter  over,'  said  Long,  lead- 
ing the  pair  into  a  saloon. 

"  Cronin  appeared  to  be  a  very  sick  man.  In  fact,  the  first 
impression  conveyed  was  that  he  was  out  of  his  mind.  He  ram- 
bled away  about  the  Royal  League  and  Mr.  Warren,  the  secretary ; 
and  then,  apparently  getting  frenzied,  denounced  in  strong  terms 
a  number  of  St.  Louis  and  Chicago  men,  among  them  Alexander 
Sullivan,  John  F.  Scanlan,  Dr.  O'Reilly,  M.  F.  Madden,  Lawyer 
Berry,  Harry  Ballard,  Judge  Prendergast  and  Lawyer  Wade." 

The  dispatch  describes  how  Cronin  for  a  second  time  evaded 
Long,  and  how  that  enterprising  scribe  followed  the  trail,  as  fol- 
lows: 

"  Long  glanced  at  the  time  tables  and  found  that  the  first 
train  leaving  the  depot  would  go  at  12:20.  He  waited.  At 
12:18  a  two-horse  cab  dashed  up  to  the  depot  and  from  it  sprang 
Cronin,  the  unknown  man,  and  a  woman  apparently  23  years  old. 
All  three  hurried  into  the  train  for  Hamilton,  not  waiting  to  pur- 
chase tickets. 

*'  Long  boarded  the  train  and  asked  Cronin  for  what  point 
they  were  bound,  and,  a  civil  answer  being  refused,  he  declared 
that  he  would  stay  with  him  and  inform  the  police  at  the  first 
station.     Cronin  then  said  he  was  bound  for  Niagara  Falls. 

"The  woman  who  accompanied  him  wore  a  dark  gray  trav- 
eling dress  and  a  turban  hat.  She  carried  in  a  shawl  strap  a 
brown  paper  parcel. 

"  Long  has  known  Cronin  for  three  years  and  belonged  to  a 
number  of  societies  with  him.  He  used  to  call  on  him  at  his 
oflSce  in  Clark  Street,  and  the  Doctor  had  returned  the  calls  at 
Long's  home,  271  Huron  Street.  Long  says  he  cannot  be  mistaken 
in  the  man." 

As  to  Long  knowing  Cronin  well,  there  could  be  no  doubt. 
Frank  Scanlan,  who  is  employed  in  the  wholesale  grocery  house 


MURDER  WILL   OUT.  189 

of  William  M.  Hoyt  &  Co.,  gave  the  following  account  of  Long 
and  of  Long's  acquaintance  with  Dr.  Cronin:  "  Long  once  worked 
for  William  M.  Hoyt  &  Co.  While  he  was  in  the  city  he  made 
an  application  for  membership  in  the  Columbia  Council  of  the 
Royal  League,  an  insurance  society.  Dr.  Cronin  was  the  society's 
medical  examiner.  Long  finally  left  our  firm  and  worked  for  a 
time  with  some  firm  on  Michigan  Avenue.  Subsequently  he  joined 
the  staff  of  a  morning  paper,  where  he  remained  six  or  seven 
months.  Upon  leaving  the  paper  he  went  to  the  home  of  his 
parents  in  Canada. 

"  Long  and  Dr.  Cronin  became  friends  through  their  secret 
society  acquaintance.  I  belong  to  the  same  society  myself. 
Every  meeting  night  those  of  us  who  lived  on  the  North  Side 
walked  home  together.  The  boys  would  turn  off  at  their  respect- 
ive streets,  and  finally  Dr.  Cronin,  Long  and  myself  would  be  the 
last  left.  Long  knows  the  Doctor  well.  The  only  strange  thing 
about  the  matter  is  that  Long  did  not  at  once  telegraph  to  some 
of  us  that  he  had  seen  Cronin." 

The  next  day  Long  sent  to  Chicago  a  two-column  telegram 
full  of  the  most  categorical  statements  about  an  interview  with 
Cronin. 

Here  are  selections  from  this  amazing  interview,  with  a  man 
who,  if  identification  amounts  to  anything,  was  then  lying  dead 
in  a  Chicago  sewer  opening : 

*'  Shortly  after  7  o'clock  a  telephone  message  was  received 
announcing  that  Cronin  was  caged  and  in  safe  quarters  at  the 
Rossin  House,  King  Street  West.  The  writer  quickly  sought  out 
the  fugitive. 

"  'Well,  Doctor,  back  again,'  was  the  first  remark,  to  which 
he  answered: 

"  'Long,  it  is  really  too  bad  that  you  should  dog  me  round  in 
this  shape.  What  is  your  object  in  doing  it  ?  I  have  committed 
no  crime  and  can  not  see  why  you  should  thrust  my  name  before 
the  public  as  you  did  this  morning  in  the  Empire.  You  lied 
when  you  stated  that  Jim  Lynch  accompanied  me.  I  don't  even 
know  the  man.' 


190  MURDER   WILL   OUT. 

"  'Now,  Cronin,  you  must  certainly  know  that  the  people 
generally,  and  your  Chicago  friends  particularly,  are  anxious  to 
know  where  you  are,  what  you  left  Chicago  for,  and  where  you 
intend  going.  Are  you  willing  to  make  any  statements  ?  I  will 
treat  you  fairly/ 

"  'I  don't  intend  making  statements,'  said  he.  '  I  guess  I 
have  some  rights,  and  question  very  much  whether  you  should  be 
allowed  to  make  yourself  a  public  nuisance  as  you  have  been 
doing  for  the  past  two  days.  Make  a  statement  ?  I  guess  not. 
Now,  please  get  out  of  my  room  or  I  will  kick  you  out.' 

"  'Doctor,  let  us  have  no  more  fooling.  The  town  is  full  of 
Chicago  detectives  who  are  looking  for  you,  and  if  you  don't 
unburden  yourself  to  me  at  once,  telling  the  whole  business,  why 
you  left  Chicago  and  where  you  intend  going,  I  sliall  be  compelled 
to  turn  you  over  to  the  authorities.  Now,  I  don't  want  to  do  so 
for  several  reasons.  First,  because  you  have  been  an  old  friend, 
and,  to  be  candid  with  j^ou,  because  other  newspaper  men  all  over 
the  country  would  then  get  the  benefit  of  my  work.' 

*'  This  called  him  down,  and  he  seemed  to  be  willing  to  do 
or  say  anything  rather  .than  have  the  detectives  take  him  in 
charge  or  the  Chicago  newspapers  get  anything  regarding  him. 
He  seemed  anxious  to  know  all  about  the  detectives,  who  they 
were  and  when  they  came. 

"  Finally  Cronin  came  down  to  business  and  requested  that 
questions  should  be  put  to  him  and  he  would  answer,  provided 
not  a  word  should  be  given  to  any  paper  outside  of  Toronto,  and 
it  is  supposed  he  thought  what  he  said  would  never  reach  the 
States.  After  the  necessary  promises  had  been  given  he  was 
asked : 

"  'When  did  you  leave  Chicago  ? ' 

"  'Just  a  week  ago  to-night.' 

"  'Where  did  you  go  to  ? ' 

"  'I  went  to  Montreal.'  " 

After  describing  his  movements  after  leaving  Chicago,  and 
his  failure  to  get  a  ship  to  France,  Cronin  is  made  to  say: 

"  'While  I  lived  in  St.  Louis  I  moved  in  the  very  upper  crust 
of  society  and  promptly  identified  myself  with  the  Irish  cause 
then  disturbing  the  public  mind.  I  was  engaged  in  that  city  as 
a  druggist,  and  soon  got  to  the  front  rank.  I  studied  meanwhile 
at  medicine,  and  after  a  short  time  passed   my  examination.     I 


MURDER   WILL   OUT.  191 

soon  found  that  the  great  Irish  field  was  to  be  entered  either  at 
Chicago  or  New  York,  and  after  consulting  my  intimate  friends, 
among  whom  was  Dr.  O'Reilly,  so  well  known  in  St.  Louis,  I 
made  up  my  mind  to  go  to  Chicago.  I  did  so,  armed  with  the 
very  best  letters  of  introduction  a  man  ever  had,  and  soon  found 
myself  prominent  in  Irish  as  well  as  other  circles  there.' 

"  He  then  went  on  to  say  that  he  soon  discovered  that  the 
large  quantities  of  money  being  received  by  Alexander  Sullivan, 
Dr.  O'Reilly,  of  Detroit,  John  O'Brien,  of  New  York,  and  Patrick 
Egan  were  not  handled  properly,  and  that  not  more  than  three- 
fourths  of  it  ever  reached  Ireland. 

"  'I  know,'  he  said, '  that  at  least  $85,000  was  gobbled  up  by 
certain  persons  in  Chicago,  and  when  I  began  to  *'  call  the  turn" 
on  them  they  tried  to  scare  me  off,  and,  finding  that  a  failure, 
they  tried  to  bribe  me.  That  would  not  work,  and  their  next 
move  was  to  introduce  me  to  Le  Caron,  giving  his  name  as  Beach, 
in  order  that  he  might  pump  me  and  damage  me  in  any  other 
way  that  he  could. 

"  'Beach  was  introduced  to  me  by  a  reporter  of  the  Evening 
News  named  Conwell,  a  man  whom  I  had  always  considered  my 
friend;  but  since  the  recent  developments  in  the  Times  case  I 
know  he  was  against  me  and  that  Le  Caron  was  introduced  to  me 
for  no  good  purpose.  He  got  very  little  out  of  me,  however,  and 
that  means  failed. 

*^  'I  have  been  warned  several  times  to  get  out  of  the  country 
by  friends  and  assured  that  my  life  was  in  danger,  but  up  to  last 
Saturday  felt  that  I  could  hold  my  own.  Last  Saturday,  how- 
ever, I  was  put  in  possession  of  unquestionable  proof  that  the 
Clan-na-Gael  Society  had  decided  that  my  life  should  be  taken. 
A  man  was  appointed  as  my  executioner,  and  preparations  were 
in  active  progress  to  accomplish  the  deed.  Enough  to  say,  I 
made  up  my  mind  at  once  to  fly.     You  know  the  rest. 

"  'The  Conklins  have  made  fools  of  themselves  over  the  whole 
matter.  According  to  the  instructions  I  left  with  them,  they 
should  not  have  opened  their  mouths  until  I  was  safely  out  of  the 
country.  But  it  is  the  same  old  story.  Tell  a  woman  anything, 
and  you  are  sure  to  get  the  worst  of  it.  Scanlan  missing.^  Well, 
he  has  nothing  to  do  with  my  case  that  I  know  of.  He  was  simply 
a  good  friend,  and  I  trust  no  harm  has  come  to  him  through  his 
friendship  for  me/  " 


192  MURDER   WILL   OUT. 

There  are  inherent  evidences  of  fake  in  this  dispatch,  which 
would  make  it  suspicious  even  were  Cronin's  body  never  found. 
It  is  not  the  way  a  man  in  his  position  would  talk,  nor  the  way  a 
reporter  would  conduct  an  interview,  and  for  this  reason  alone 
some  of  the  Chicago  papers  declined  to  publish  the  story. 

Still  it  had  its  effect  both  on  the  public  and  the  police,  who, 
doubting  most  of  the  interview,  were  unprepared  to  believe  that 
it  was  wholly  and  completely  a-  lie. 

Mr.  Conklin,  in  reply  to  the  Toronto  stories,  published  the 
following  statement: 

'When  Dr.  Cronin  disappeared,  we,  as  well  as  all  of  his  inti- 
mate friends,  felt  that  he  had  been  murdered.  The  public,  who 
were  not  acquainted  with  Dr.  Cronin's  immediate  surroundings, 
felt  incredulous,  and  could  not  believe  that  such  a  crime  had  been 
committed  in  the  midst  of  a  well-organized  civil  government. 
Circumstances  and  the  necessities  of  his  abductors  are  now  com- 
pelling them  to  show  their  hand.  If  you  will  remember,  my  wife 
called  the  attention  of  the  authorities  to  the  unusual  business 
transaction  of  this  iceman,  Sullivan,  making  a  contract  with  Dr. 
Cronin  to  attend  to  his  four  men  in  case  of  accident — going  seven 
miles  to  Dr.  Conin's  office,  and  passing  fifty  other  doctors  on  the 
way;  then  the  card  of  Sullivan  presented  by  the  man  who  de- 
coyed the  Doctor  from  his  office ;  then  the  wide-spread  reports  de- 
signed to  turn  the  attention  of  the  public  from  this  terrible  crime 
by  traducing  the  character  of  the  Doctor,  saying  that  he  was  off 
on  a  spree,  it  was  a  love  affair,  he  had  gone  crazy  or  turned  in- 
former, all  of  which  was  intended  to  lull  the  public  into  an  indif- 
ference, until  the  crime  would  be  forgotten.  All  these  local 
charges  and  assertions  were  refuted  by  the  Doctor's  friends,  as  he 
was  a  man  of  excellent  moral  character,  and  now  it  becomes  neces- 
sary to  extend  the  conspiracy,  when  behold,  William  Starkey,  a 
jury  briber  and  refugee  from  justice,  and  a  well-known  enemy  of 
Dr.  Cronin,  starts  another  falsehood  from  his  present  home  in 
Toronto,  associating  a  sensational  reporter  with  him,  by  the  name 
of  Long.  They  telegraph  throughout  the  country  the  falsehood 
that  the  Doctor  was  at  the  Rossin  House,  Toronto.  Now,  this 
last  falsehood  has  been  run  to  earth. 

^'Frior  to  Starkey's  flight  to  Canada  he  w^-s  used  as  a  tool  by 


MURDER   WILL   OUT.  193 

certain  persons  in  this  city,  who  sought  to  ruin  the  reputation  of 
Dr.  Cronin  by  bringing  him  (the  Doctor)  before  our  justice  courts 
in  a  fictitious  lawsuit,  with  the  object  of  getting  in  the  examina- 
tion some  event  in  the  Doctor's  life  to  be  used  by  them  for  his 
injury. 

"The  friends  of  Dr.  Cronin  knew  from  the  beginning  that 
the  Toronto  reports  were  false;  but  to  satisfy  the  public  they 
had  Mr.  Rend  telegraph  a  full  description  of  Dr.  Cronin  to  an 
acquaintance  of  his,  stopping  in  Toronto,  at  the  Rossin  House, 
asking  him  if  any  such  person  had  been  seen  there.  His  answer 
was:  'No  man  answering  the  description  has  been  seen  at  the 
hotel,  and  no  one  has  seen  or  heard  of  him  but  these  men  Long 
and  Starkey.' 

"It  is  believed  that  Starkey,  who  tried  in  Chicago  to  assassi- 
nate Dr.  Cronin's  character,  is  acting  in  concert  with  those  who 
employed  him  before.  To  still  further  aid  in  the  running  down 
of  the  conspiracy,  Dr.  Cronin's  friends  sent  P.  McGarry,  a 
well-known  boiler  manufacturer,  to  Toronto,  taking  a  good  por- 
trait of  the  Doctor  with  him.     His  dispatch  is  as  follows: 

"  'Toro:n^to,  Ont.,  May  14.— I  have  made  a  thorough  investiga- 
tion of  the  statement  that  Dr.  Cronin  was  seen  here,  and  find  that 
there  is  not  an  atom  of  foundation  for  it.  He  has  not  been  at  the 
Rossin  House,  and  could  not  be  at  any  of  the  places  mentioned  with- 
out some  of  his  numerous  friends  seeing  him.  I  will  spare  no  effort 
to  probe  this  thing  to  the  bottom.  Patrick  McGarry.' 

"There  is  no  doubt  in  my  mind,  nor  have  I  doubted  from 
the  first,  that  Dr.  Cronin  was  murdered,  and  it  is  to  be  hoped  that 
the  authorities,  the  press  and  the  general  public  will  spare  no 
pains  to  ferret  out  and  bring  to  justice  the  perpetrators  of  one  of 
t;he  greatest  crimes  ever  committed  in  this  country. 

"T.  T.  CONKLIN." 

Nor  was  this  all.  A  young  lady  of  excellent  character  and 
respectability, 'Miss  Annie  Murphy,  declared  that  she  had  seen  Dr. 
Cronin  on  a  cable  car  going  south  to  the  center  of  the  city,  on  the 
night  of  May  4th,  at  a  late  hour.  The  conductor  of  the  car,  a  man 
named  Dwyer,  was  hunted  up,  and  he  fully  corroborated  Miss 
Murphy's  story,  and  added  new  details  which  seemed  to  make  the 
identification  more  complete. 

The  confusion  and  uncertainty  in  the  public  mind  was  the 


194  MURDER   WILL   OUT. 

worse  confounded  by  the  appearance  on  the  scene  of  that  gifted 
liar  Frank  Woodruff,  of  whom,  as  I  must  refer  to  him  later,  I 
will  now  say  but  little.  This  fellow  Woodruff  was  arrested 
while  trjdng  to  sell  a  horse  and  buggy  which  he  had  stolen  from 
C.  Dean  &  Co.,  of  406  Webster  Avenue.  On  his  way  to  the  station 
he  half  fainted,  and  said  he  would  "tell  all."  He  did.  He  was 
ready  with  any  kind  of  a  confession  to  fit  any  kind  of  a  crime. 
A  more  gory  romancer  than  he,  or  one  with  a  more  perferoid  and 
survigrous  criminal  fancy,  will  not  be  found  in  the  annals  of 
crime. 

The  story  he  told  at  this  time  was  this:  He  had  been  em- 
ployed by  a  man  whom  he  met  in  a  gambling-house — "W.  H.  King" 
— to  sneak  out  his  employer's  wagon  late  at  night,  and  do  a  job 
of  driving  for  him.     Said  Woodruff: 

"I  got  the  mare  out,  hitched  her  to  the  wagon,  and  drove 
east  toward  Lincoln  Park.  King  was  waiting  for  me.  He  got 
into  the  wagon  and  directed  me  to  drive  to  an  alley  about  a  block 
south  of  Lincoln  Park. 

"We  stopped  at  a  barn,  and  King  jumped  out.  A  moment 
later  the  barn  door  was  opened,  and  three  men  came  out  with  the 
trunk.  One  of  these  men  was  Dick  Fairburn.  The  other  was  a 
large  man  with  a  black  mustache  and  black  hair.  The  others 
called  him  'Doc' 

"I  am  positive  that  he  was  Dr.  Cronin.  This  man  was 
anxious  to  get  away,  and  wanted  us  to  hurry.  Dick  King  said  to 
him: 

*  "  'AH  right.  Doc.  We'll  hurry.'  King  gave  me  the  $25. 
The  trunk  was  put  into  the  wagon,  and  King  and  Fairburn  then 
jumped  in,  but  the  man  they  called  'Doc'  did  not.  We  left  him 
in  the  alley.  I  was  directed  to  drive  along  the  Lake  Shore  drive. 
We  went  to  the  other  end  of  Lincoln  Park,  and  then  out  to 
another  drive.  We  stopped  near  the  north  lake  in  the  park,  near 
Lake  Michigan.  The  trunk  was  lifted  from  the  wagon  and  the 
body  taken  out.     One  of  the  men  said: 


MURDER   WILL   OUT.  195 

*'  'Here's  where  we  leave  Allie.' 

"I  think  the  body  was  that  of  ti  woman,  and  I  believe  she 
was  murdered.  The  body  was  in  three  pieces.  I  think  the  head 
and  legs  were  cut  off.  While  we  were  on  the  wagon  Billy  Fair- 
burn  said  to  Dick:  '  If  we  had  let  Tom  alone  we  would  have  had 
Doc  in  here  with  us  too.'  I  understood  that  to  mean  that  some- 
body named  Tom  would  have  killed  the  man  they  had  called 
Doc — the  one  who  met  us  at  the  stable — if  they  had  not  inter- 
fered. 

"  The  body  was  wrapped  in  cotton-batting.  The  men  had  a 
tarpaulin.  This  was  over  the  trunk  while  we  were  going  to  Lin- 
coln Park,  and  they  kept  it  after  the  body  was  taken  out.  They 
put  the  empty  trunk  back  into  the  wagon,  and  King  told  me  to 
drive  as  far  north  as  I  could  and  get  rid  of  it.  I  drove  away  OQ 
the  run.  I  wanted  to  get  away  from  that  place.  They  tell  me  I 
went  two  miles,  but  it  doesn't  seem  that  I  could  have  gone  that 
far.  I  threw  out  the  trunk,  and  the  lid  broke  off.  The  trunk  was 
a  big  one,  covered  with  paper;  a  common,  cheap  affair.  Nobody 
stopped  me  on  the  way,  but  a  man  yelled  at  me  once.  I  didn't 
stop.  I  only  made  the  mare  go  faster.  This  part  of  the  trip  I 
made  alone,  as  both  of  the  men  had  staid  behind  with  the  body. 
On  the  back  trip  I  took  a  roundabout  course.  I  drove  along 
Southport  Avenue  to  Lincoln  Avenue,  which  I  followed  for  two 
blocks.  Then  I  turned  on  to  Webster  Avenue.  I  turned  corners 
very  often.  I  reached  Dean's  barn  at  five  o'clock  in  the  morning. 
I  got  the  mare  back  all  safe  and  went  to  bed.  Nobody  about  the 
barn  suspected  me.  The  next  day  a  man  who  often  uses  the 
mare  had  occasion  to  drive  her.  When  he  returned  he  claimed 
that  she  did  not  seem  like  the  same  animal.  She  seemed  to  have 
lost  her  spirit.     I  didn't  say  a  word." 

"  Why  do  you  think  the  man  they  called  '  Doc '  was  Dr. 
Cronin?" 

"  From  his  description  and  his  manner.  He  was  of  a  dark 
complexion,  had  a  black  mustache  and  a  short  chin  whisker.     He 


196  MURDER   WILL   OUT. 

wore  a  black  derby  hat.  One  side  of  his  face  was  swollen  as 
though  from  a  recent  blow,  and  the  eye  on  that  side  was  black- 
ened. He  acted  nervously,  talked  like  an  educated  man,  and 
seemed  to  be  greatly  agitated.  I  gathered  from  what  was  said 
that  the  body  in  the  trunk  was  that  of  a  woman  who  had  died  on 
account  of  an  abortion." 

Woodruff's  story  was  investigated  to  its  most  minute  details 
by  Capt.  Schaack,  who  tested  the  man  after  a  fashion  which  con- 
vinced him  that,  whether  Woodruff's  story  was  true  or  false,  he 
knew  something  of  the  bloody  trunk  which  he  could  not  have 
learned  from  the  newspapers,  and  which  he  could  not  have 
guessed. 

However,  all  this  had  taken  time,  and  given  the  conspirators 
opportunity  to  scatter;  and  there  was  nothing  to  support  the 
theory  of  assassination  save  Cronin's  own  anxiety,  often  expressed 
to  his  friends,  as  to  the  plot  to  murder  him. 


Chapteb  II. 

The  Catch-Basin  on  Evanston  Avenue — Com  plaints  of  the  Neigh- 
bors— An  Evil  Smell — Looking  for  the  Cause — A  Ghastly 
Find — Can  it  be  Cronin  ? — How  the  Body  Looked — The 
Agnus  Dei — Marks  of  Identification — The  Scene  at  the 
Morgue — ""Yes,  it  is  He  !" — Commotion  in  the  Cit}^ — Intense 
Excitement  among  the  Irish — Charges  of  Murder  Freely 
Made — Preparing  for  the  Prosecution — A  Great  Funeral. 

ON  May  2 2d,  three  of  the  city  employes  were  examining  the 
catch-basins  in  the  Evanston  Avenue  district.  There  had 
been  some  complaints  sent  in  to  the  office  of  the  Sewer  De- 
partment, and  these  men  were  trying  to  locate  the  troubles. 
Nothing  was  found  amiss  until  they  came  to  the  catch-basin  on 
the  corner  of  Fifty-ninth  Place  and  Evanston  Avenue,  when 
Henry  Poesch,  the  leader  of  the  men,  noticed  a  bad  smell. 

"I  guess  there's  a  dead  dog  in  there,"  he  said;  "let's  take  a 
look." 

The  cover  was  lifted  up,  and  even  the  hardened  sewer  ex- 
aminer recoiled  from  the  smell. 

'^There's  something  floating  there,"  said  Roesch. 

"Yes.  It's  a  dog,  there's  some  of  its  hair,"  said  one  of  the 
men,  pointing  to  a  bit  of  absorbent  cotton  which  was  floating  near 
the  dim  outline  of  the  body. 

"It  must  be  a  mighty  big  dog,"  said  another,  "if  it  fills  up  the 
whole  basin." 

"My  God!"  said  Roesch,  suddenly  and  wildly,  "it's  a  man!" 

His  eyes,  growing  more  accustomed  to  the  light,  had  at  last 
defined  the  outlines  of  the  back  of  the  corpse.  It  was  a  human 
body,  and  no  mistake. 

Roesch  hurried  to  the  Lake  View  Police  Station,  and  got  the 
patrol  wagon,  which  came  tearing  up  to  Evanston  Avenue  and 
Fifty-ninth  Place  with  a  number  of  officers  on  board. 

(197) 


198  .  MURDER   WILL   OUT. 

A  blanket  was  pushed  down  underneath  the  body  with  a  hoe 
handle,  and  then  pulled  up  on  the  other  side.  The  body  was 
floating  in  about  three  feet  of  water,  with  the  head  and  knees  down, 
and  the  back  arched  up.  The  blanket  was  adjusted  under  the 
dead  man's  arms,  so  that  the  curved  body  would  balance  upon  it, 
and  then  a  long  pull  brought  it  up  to  the  street  level,  and  out 
upon  the  ground. 

A  more  horrible  sight  it  would  be  difficult  to  imagine.  The 
body  was  naked,  and  repulsive  with  all  the  ghastly  insignia  of  un- 
buried  mortality  upon  it.  Some  sort  of  a  cloth,  a  towel  appar- 
ently, was  wrapped  tightly  about  the  throat,  and  visible  beneath 
this  the  strings  and  heart-shaped  case  of  an  Agnus  Dei,  one  of 
those  little  pious  emblems  of  the  faith  which  devout  Catholics 
always  wear  around  their  necks.  Usually  the  Agnus  Dei  is  ac- 
companied by  a  scapular,  but  there  was  none  found  here. 

So  the  body  lay  for  a  few  moments  in  its  gruesome  hideous- 
ness,  while  preparations  were  being  made  to  bear  it  to  the  Lake 
View  morgue. 

None  recognized  it;  none  knew  it;  but  every  one  wondered, 
"Could  it  be  Cronin  ?'' 

On  the  way  to  the  morgue,  Capt.  Villiers  met  the  patrol 
wagon,  saw  its  grisly  freight,  and  declared  at  once  that  it  was  the 
missing  Doctor.  Word  was  at  once  sent  to  Cronin's  friends  that 
it  was  believed  the  body  was  found,  and  they  came  flocking  to 
the  cellar  in  Lake  View,  where,  on  a  zinc-covered  table,  reposed 
the  mortal  remains  of  P.  H.  Cronin. 

The  identification  was  as  nearly  complete  as  such  a  process 
could  be  under  all  the  circumstances.  Friend  after  friend  came 
forward,  studied  the  grim  puzzle  on  the  zinc,  and  said,  "Yes,  it  is 
he." 

There  appears  to  be  some  difference  of  opinion  in  the  news- 
paper accounts  as  to  whether  the  plate  with  two  false  teeth  which 
the  Doctor  wore  was  in  the  mouth  when  the  body  was  found,  but 
there  were  other  marks  which  made  assurance  doubly  sure.     The 


r'lJi-llHi' 


'lV\K 


200  MURDER   WILL   OUT. 

Doctor  had  a  "base  ball  finger,"  so  called,  meaning  a  deformed 
finger,  and  so  had  the  corpse. 

Doctor  Cronin's  brother  arrived  from  Arkansas  May  23,  and 
identified  the  body  by  unmistakable  marks  unknown  to  the  mur- 
dered man's  friends.  Dr.  Cronin  had  certain  small  scars  near  the 
groin.  These  scars  were  described  by  his  brother,  and  a  careful 
examination  of  the  corpse  resulted  in  their  discovery  exactly  as 
he  described  them. 

The  post-mortem  examination  of  the  body  was  begun  on 
the  afternoon  of  May  23d,  and  was  concluded  by  Dr.  Egbert, 
assistant  county  physician;  Dr.  Perkins,  of  Rush  Medical  College; 
Dr.  Niles,  the  medical  examiner  of  the  Catholic  Order  of  Forest- 
ers; Dr.  Porter,  health  officer  of  Lake  View,  and  Dr.  Bell.  The 
post-mortem  failed  to  reveal  the  direct  cause  of  death. 

There  was  a  small,  narrow  window  near  the  ceiling  of  the 
morgue.  This  window  opens  on  a  level  with  the  sidewalk.  A 
big  policeman  was  stationed  at  the  window  to  keep  the  crowd 
away,  but  the  awful  smell  soon  caused  him  to  retreat.  Every  few 
minutes  some  man  or  boy  whose  curiosity  was  great  would  bend 
down  and  peer  in  at  the  window.  In  a  moment  he  would  be 
joined  by  others,  and  soon  a  crowd  would  gather.  This  crowd 
would  be  dispersed  by  the  officers.  In  ten  minutes  another  crowd 
would  be  looking  in  at  the  window,  and  in  turn  would  be  dis- 
persed. The  sidewalk  and  street  were  filled  with  people  all  day 
long,  and  while  the  post-mortem  was  in  progress  none  showed  a 
disposition  to  depart.  Two  hundred  boys  and  girls  stood  in  the 
street.  About  fifty  women  leaned  against  a  barn  and  a  fence  on 
the  opposite  side  of  the  street,  and  the  men  stood  around  the  sta- 
tion. They  were  mere  curiosity -seekers,  well-known  men  promi- 
nent in  Irish  societies,  friends  of  Dr.  Cronin,  and  others  classed 
among  his  enemies. 

No  crime  in  the  history  of  Chicago,  not  even  the  massacre  at 
the  Hay  market,  created  such  wide-spread  excitement.     It  was  the 


MURDER  WILL   OUT.  201 

topic  on  every  tongue,  not  alone  in  Chicago,  but  in  every  city 
where  the  English  tongue  is  spoken,  around  the  world. 

Charges  of  murder  were  freely  made,  and  the  names  of  the 
persons  supposed  to  be  guilty  were  openly  mentioned. 

A  very  carefully  prepared  article  in  the  Times  on  May  24th 
closed  thus  : 

"He  knew,  he  said,  that  danger  impended  over  him,  but  he 
kept  on.  He  told  his  friends  that  he  had  been  threatened  often 
by  members  of  the  Clan,  and  it  is  believed  that  he  left  among  his 
papers  with  the  Conklins  some  direct  evidence  that  will  point  to 
his  murderers.  That  evidence,  together  with  other  incriminating 
facts,  and  showing  how  and  by  whom  the  funds  of  the  organiza- 
tion had  been  squandered,  is  now,  it  is  said,  in  a  safety  vault  in 
this  city,  and  is  to  be  turned  over  to  a  committee  of  Dr.  Cronin's 
friends,  who  will  likely  give  its  substance  to  the  public  after 
thoroughly  examining  it.  They  may  contain  nothing  dam- 
aging to  any  man  or  clique  of  men,  but  the  belief  is  otherwise. 
The  proper  thing,  it  seems,  that  should  be  done  would  be  to  turn 
them  over,  after  the  committee  has  digested  them,  to  the  State's 
Attorney,  and  let  him  act  on  the  information  derived  from  the 
documents  and  papers.  The  murdered  Doctor's  friends  intimate 
that  he  has  been  the  victim  of  a  gang  of  conspirators  who  feared 
his  researches  and  revelations,  and  every  shrug  and  hint  they 
give  and  every  expression  of  their  faces  indicate  that  they  believe 
it.  What  has  been  given  is  a  mere  pointer  to  endless  details 
which  Cronin's  friends  intimate  can  be  given." 

W.  J.  Hynes,  a  warm  friend  and  supporter  of  Dr.  Cronin, 
and  subsequently  one  of  the  attorneys  for  the  prosecution,  said  : 
"  I  could  not  say  that  I  positively  identified  the  body,  inas- 
much as  the  post-mortem  examination  was  in  progress  when 
I  called,  and  I  could  not  get  a  good  view  of  the  Jbody.  There  is 
no  doubt  regarding  the  identity  of  the  body.  The  size  is  Dr. 
Cronin's,  and  also  the  conformation  of  the  head  and  the  general 
outlines  of  the  face." 

"  Have  you  any  theory  as  to  the  murder  of  Dr.  Cronin  or 
what  prompted  it .?" 

''  I  have  no  theory  but  one,  namely,  that  there  was  no  motive 


202  MURDER   WILL   OUT. 

for  his  murder  except  the  malignant  enmity  excited  in  the  breasts 
of  certain  parties  by  his  attitude  on  Irish  affairs." 

"  Upon  what  was  this  malignant  enmity  based,  and  how  did 
it  arise  ?" 

"I  have  no  personal  knowledge  except  the  information  I  re- 
ceived from  the  Doctor  himself  and  from  others,  but  it  arose,  as  I 
am  informed,  from  the  persistent,  intelligent  and  very  effective  ef- 
forts of  Dr.  Cronin  to  bring  to  account  men  who  are  charged,  and 
I  am  informed  by  those  who  claim  to  be  advised,  clearly  proved 
to  be  guilty  of  embezzlements  of  the  funds  of  the  Irish  National 
organizations.  These  organizations  whose  funds  were  embezzled, 
it  must  be  understood,  were  not  the  Land  League  or  the  National 
League,  as  has  been  stated." 

And  as  Hynes  talked,  so  talked  many  others. 

Dr.  Cronin's  funeral  was  one  of  the  greatest  demonstrations 
of  the  sort  ever  seen  in  Chicago.  The  body  lay  in  state  on  Sun- 
day morning,  May  26th,  at  the  First  Cavalry  Armory. 

At  an  early  hour  the  crowd  began  to  gather  in  front  of  the 
armory  building.  At  9  o'clock  the  doors  were  tiirown  open,  and 
for  an  hour  and  a  half  a  stream  of  people  poured  through  the 
building.  The  burial  casket  rested  on  a  raised  platform  in  the 
center  of  the  floor.  Rising  from  the  platform  was  a  plain  frame- 
work supporting  a  drapery  of  flags.  The  four  corner  supports 
were  wrapped  in  the  mourning  emblems  of  white  and  black.  At 
the  corners  of  the  platform  stood  honorary  guards  of  Hibernian 
riflemen.  The  casket  was  covered  with  white  roses  and  smilax. 
At  its  foot  was  a  harp  of  roses;  at  its  head  a  large  cross  of  white 
and  pink  flowers.  A  candelabrum  of  brass  bore  seven  candles 
burning  at  the  head  of  the  casket.  Near  by,  resting  on  an  easel, 
was  a  crayon  portrait  of  the  dead  man.  A  few  curious  ones  stood 
about  the  catafalque,  but  the  great  mass  of  those  who  viewed  the 
casket  passed  out  by  a  side  door  into  the  street.  When  the  long 
procession  Qeased,  the  pall-bearers  carried  the  casket  to  the  hearse 
and  the  muflled  drums  took  up  the  march  to  the  Cathedral. 


204  MURDER   WILL   OUT. 

At  10:45  the  remains  were  borne  to  the  Holy  Name  Cathe- 
dral, followed  by  a  procession  of  some  6,000  people,  most  of 
them  members  of  the  different  societies  to  which  Dr.  Cronin  be- 
longed, and  friends  and  sympathizers  with  the  dead. 

P.  J.  Cahill  was  grand  marshal  of  the  procession,  and  M. 
C.  Hickey  chief  of  staff.  The  pall- bearers  were:  Commissioner 
John  C.  Schubert ;  Thomas  P.  Tuite  ;  Prof.  J.  P.  South,  High 
Chief  Ranger  of  the  I.  O.  C.  F.;  Dr.  D.  G.  Moore,  representing 
the  High  Court  of  the  I.  O.  F. ;  John  F.  Scanlan,  Dr.  Guerin,  W. 
P.  Rend,  Aid.  Mclnerney,  Frank  T.  Scanlan,  W.  E.  Sterry,  C.  I. 
Shoemaker,  Joseph  C.  Berden,  representing  Columbia  Council  of 
the  Royal  Arcanum ;  Leopold  Roher,  Cathedral  Court,  I.  O.  C.  F.; 
Daniel  Sullivan,  C.  W.  Cummings,  Alcyone  Council,  Royal  Ar- 
canum; John  T.  Golden,  representing  the  Royal  League,  John 
O'Callahan,  National,  and  P.  M.  Carmody,  State  representatives 
of  the  Ancient  Order  of  Hibernians;  John  T.  Begg,  representa- 
tive of  the  A.  O.  U.  W. ;  Michael  J.  Kelly,  representing  McMul- 
len  Court,  I.  O.  C.  F. ;  Edward  E.  Connery,  representing  Court 
Friendship,  I.  O.  F. ;  J.  M.  Sullivan,  representative  of  the  Celto- 
American  Club;  Peter  Conlan,  representing  the  Personal  Rights 
League;  Charles  Barry,  representative  of  the  committee  of  ten, 
and  Maurice  Morris,  representing  the  Henry  Grattan  Club. 

The  music  of  the  service  was  most  effectively  .rendered  by 
the  Cathedral  quartet,  Mrs.  Dony,  Miss  Kate  Coffee,  P.  G.  Glee- 
son  and  F.  A.  Langlois,  supported  by  a  large  chorus.  Schmidt's 
Mass  was  used,  with  the  Benedictus  from  the  Reisinger  quartet, 
and  at  the  offertory  Mozart's  "Redemptor  Mundi  Deus"  was  sung 
by  F.  A.  Langlois.  The  music  inspired  a  deeply  devotional  feel- 
ing, and  the  great  congregation  was  evidently  touched  to  pro- 
found sympathy  by  the  imposing  ceremonial  of  the  church. 

Father  Muldoon,  the  eloquent  young  preacher,  was  a  friend  of 
Dr.  Cronin's  who  greatly  admired  his  personal  character.  He  was, 
therefore,  well  fitted  for  the  duty  he  performed.  He  spoke  as  fol- 
lows: 


MURDER   WILL   OUT.  205 

''The  words  of  Holy  Writ  tell  us  that  death  shall  come  sud- 
denly upon  us;  that  it  shall  come  upon  us  like  a  thief  in  the  night. 
As  the  birds  of  the  air  have  their  being  in  the  air,  their  lives  shall 
end  in  the  air,  and  as  the  fishes  of  the  sea  have  their  lives  in  the 
sea  so  also  shall  they  find  their  death  in  that  element.  So,  too, 
we,  having  our  lives,  as  it  were,  in  the  social  world  around  about 
us,  so,  too,  having  our  being  there,  we  frequently  find  our  death 
amid  the  surroundings  of  our  lives.  Death  frequently  comes 
upon  us  suddenly,  and  we  are  never  assured  of  the  hour  of  his 
coming.  In  fact,  we  carry  death  with  and  about  us.  It  is  ever 
present  with  us  from  the  moment  of  our  birth  until  the  moment 
of  our  death ;  from  our  birth  to  our  graves,  ever  working  in  our 
midst. 

"In  the  life  and  death  of  him  who  lies  mute  in  death  here 
to-day  we  are  taught  how  necessary  and  imperative  it  is  that  we 
should  be  unceasing  in  our  efforts  to  elevate  our  lives  to  make 
them  holier  and  higher,  and  to  be  ever  prepared  for  the  last  sum- 
mons. 

"It  is  only  a  few  weeks  ago  that  this  same  man  walked  the 
aisles  and  floors,  and  in  all  the  pride  and  vigor  of  his  manhood, 
with  all  the  purity  of  his  faith,  the  strength  of  his  patriotism, 
and  the  fervor  of  his  nature,  worshiped  before  this  altar,  which 
was  always  for  him  so  sacred  and  venerable  an  object.  When  we 
think  that  he  led  this  body  of  men,  who  are  now  present  to  mourn 
over  his  remains,  to  the  sacrament  of  this  altar  to  receive  his  God 
and  Christ,  and  thereby  make  himself  purer  and  better,  but  a  few 
short  weeks  ago,  it  brings  home  to  us  with  terrible  force  the  un- 
certainty of  life. 

"When  we  think  of  how  in  such  a  short  time  all  the  vigor 
of  his  manhood  was  snatched  from  him  ruthlessly  we  must  feel 
how  vain  and  useless  are  the  things  of  this  life — its  joys,  its  hopes 
and  sorrows.  AH  this  should  remind  us  that  we,  too,  may  be 
called  away  suddenly.  Perhaps  for  many  among  us  the  summons 
may  come  as  suddenly  as  it  came  for  him,  if  not  in  such  a  terrible 
and  atrocious  form.  Let  us  be  always  prepared  for  God  to  strike, 
for  his  angel  is  always  going  forth  from  him  to  touch  the  young 
and  the  old,  the  strong  as  well  as  the  infirm,  and  to  call  them  from 
this  earth  to  the  land  above.  But,  my  dear  friends,  let  me  ask 
you,  have  we  any  reason  to  be  sorry  to-day  or  to  mourn  with 
any  deep  sense  of  mourning  ?  I  answer,  no.  There  is  never  need 
to  mourn,  never  reason  for  such  sorrow  for  one  who  has  lived  the 


206  MURDER   WILL   OUT. 

life  of  the  righteous.  We  know  that  the  man  who  has  lived  a 
righteous  life  is  pleasing  to  God  the  Father.  The  righteous 
man  is  the  one  who  visits  the  widow  and  the  orphan  in  their  trib- 
ulation and  brings  succor  and  relief  to  the  poor  and  the  afflicted. 
Let  those  who  have  known  this  man's  life  say  whether  or  not  his 
life  was  not  a  righteous  one,  and  one  that  fulfilled  these  require- 
ments. If  his  life  was  a  righteous  one,  then  comes  the  consol- 
ing reflection  that  he  who  is  gone  was  a  man  pleasing  to  the 
Almighty  God,  and  that  he  now  enjoys  the  glory  and  the  happi- 
ness promised  to  such  by  our  Creator. 

''Did  he  fulfill  the  duties  of  his  station  of  life  ?  His  life  itself 
is  the  most  eloquent  answer  that  that  question  can  receive.  To 
the  duties  of  his  avocation  pertained  that  of  visiting  the  sick,  the 
widow  and  the  orphan.  His  vocation  was  the  grandest  and  noblest 
that  belongs  to  man  after  that  of  a  prfest  of  God.  It  is  the  vo- 
cation of  charity  that  brings  succor  and  aid  to  suffering  humanity. 
This  was  his  mission,  my  friends,  and  well  did  he  fulfill  it.  I  ask 
you,  in  the  presence  of  his  sacred  remains,  did  he  fulfill  his  mis- 
sion, did  he  carry  out  his  vocation?  Most  assuredly  he  did,  and 
the  very  manner  of  his  death  tells  you  in  more  emphatic  terms 
than  I  could  how  fully  he  did  so. 

''When,  on  the  night  that  death  overtook  him,  the  call  of  hu- 
manity came  to  him,  the  cry  of  a  fellow-being  in  suffering  and 
distress  was  carried  to  him,  though  other  and  pressing  business 
crowded  upon  him,  he  brushed  it  all  aside.  It  called  imperatively 
upon,  him  but  he  did  not  obey  it.  He  answered  the  call  of  human- 
ity, and  instantly,  without  hesitation,  with  his  heart  full  of  the 
charity  of  his  noble  profession,  and  with  the  instruments  of  his 
calling,  he  started  out  upon  his  mission  of  mercy  to  bring  relief 
to  a  fellow-man.  • 

"It  was  thus,  while  nobly  filling  his  own  mission  and  carry- 
ing out  his  own  vocation,  that  he  met  with  the  fearful  death  that 
awaited  him.  It  is  surely  not  too  much  to  hope;  we  may  surely 
be  certain  that  whatever  sin — whatever  venial  faults  may  have 
been  upon  his  soul  that  night  were  atoned  for  and  washed  away 
by  his  blood.  Those  wounds  may  have  fructified,  borne  good 
fruit  and  become  beautiful  in  the  sight  of  God,  for  they  were  re- 
ceived while  working  in  pursuit  of  his  duty  and  in  the  cause  of 
charity.  Yes,  he  visited  the  widow  and  the  orphan,  and  brought 
mercy  and  solace  to  them  in  their  tribulations.  The  anecdotes 
and  stories  of  his  kindness  and  charity  to  the  poor  are  like  so  many 


MURDER   WILL   OUT.  207 

rivulets  that  go  to  swell  the  stream  of  his  good  works.  They  go 
to  prove  that  he  whom  we  mourn  had  a  heart,  and  a  Christian 
heart,  a  thing  that  nowadays  can  not  be  said  of  as  many  as  in  the 
past.  It  goes  to  prove  that  his  heart  was  full  of  charity  and  love 
toward  his  fellow-men. 

"  Was  he  ever  mean  in  act  or  spirit  ?  Was  he  ever  in  any 
way  opposed  to  the  welfare  of  his  fellow-men  ?  Did  he  envy  his 
neighbor  in  the  strife  of  this  world's  life  or  seek  to  deprive  him 
of  any  of  those  things  that  were  good  for  him  ?  Was  he  low  in 
his  habits  or  his  words  ?  Again  I  say,  the  answers  to  all  these 
questions  are  to  be  found  in  the  history  of  his  life.  Behold  the 
associations  to  which  he  belonged.  They  are  indeed  many,  and 
every  one  of  them  has  for  its  guiding  principle,  the  main-spring 
of  its  action,  the  welfare,  the  improvement,  the  exaltation  of 
mankind,  the  joining  and  welding  of  them  together  in  bonds  of 
brotherly  love.  I  have  often  heard  him  urge  men  to  join  these 
organizations,  men  in  every  station  of  life,  particularly  the  more 
humble  classes,  in  that  they  might  imbibe  lessons  of  thrift  and 
industry,  and  inculcate  them  in  their  fellows.  He  urged  them  to 
join  In  these  benevolent  organizations  in  order  that  they  might 
build  up  for  themselves  happy  homes  here  below,  and  that,  when 
going  to  their  eternal  rest,  they  might  be  able  to  leave  their  chil- 
dren the  means  to  live  after  them.  Here  is  a  history  of  a  noble 
effort — the  most  patriotic  as  well  as  the  highest  and  noblest 
effort  to  raise  and  better  the  condition  of  his  fellow-man,  to  bring 
within  his  reach  a  happy  home  and  an  inheritance  of  comfort  and 
happiness  to  his  posterity. 

"Did  he  preserve  himself  unspotted  from  contact  with  the 
world.?  Let  us  look  again  to  his  life  for  an  answer.  His  life  was 
a  public  life.  His  daily  avocations  brought  him  a  great  deal 
among  the  people  and  with  the  people.  He  was  in  every  sense  a 
public  man,  known  to  thousands,  as  the  scenes  that  mark  his 
obsequies  to-day  amply  testify,  and  if  there  was  anything  wrong 
or  sinful  in  the  whole  course  of  his  life  it  would  be  brought  forth 
in  triumph  and  proclaimed  to  the  world  by  the  uncharitable  and 
the  unjust.  But  not  a  single  word  of  censure,  not  a  single  finger 
of  scorn  has  been  or  can  be  turned  toward  him.  The  record  of 
his  life  is  that  he  had  a  good  Christian,  Cntholic  heart,  a  heart  that 
went  out  to  his  fellow-men.  In  all  his  dealings  he  was  ever 
generous  and  open;  not  small  or  little  in  any  sense.  He  was  not 
selfish,  he  was  not  immoral. 


208  MURDER  WILL   OUT. 

"I  can  speak  no  eulogy  of  him.  Words  are  powerless  to  do 
more  in  eulogy  of  him  than  his  own  acts  and  his  own  life,  which 
speak  in  trumpet  tones.  And  now,  my  friends,  if,  while  the  mass 
has  been  going  on  and  the  priest  has  been  offering  up  the  holy 
sacrifice,  we  have  neglected  to  lift  our  hearts  in  prayer  and  in 
charity  to  the  throne  of  the  Most  High  for  him  who  has  gone,  we 
have  neglected  to  do  our  duty.  Now  he  is  powerless,  for  his 
days  are  passed.  Now  the  church  that  he  loved,  and  of  which  he 
was  such  a  faithful  and  dutiful  son,  has  done  all  that  she  possibly 
can  for  him  through  her  prayers  and  her  sacrifices.  But  it  still 
remains  for  you  to  do  something  for  him.  It  remains  for  us,  his 
friends — for  there  is  a  communion  of  saints — to  offer  up  our  alms, 
our  prayers,  and  the  holy  sacrifice  of  the  mass,  that  his  soul  may 
find  solace  and  glory  and  peace  with  God  and  rest  eternal.  As 
believers  in  that  same  faith  to  which  he  clung  with  a  purity  that 
he  drank  in  with  his  mother's  milk,  and  that  lasted  him  through  life, 
we  are  bound  not  to  forget  him.  He  loved  his  faith.  He  never 
denied  it.  He  was  never  ashamed  to  acknowledge  before  the 
world  that  he  was  a  Catholic,  and  held  all  its  tenets  inviolate. 
He  was  willing  to  face  the  world  and  meet  anything,  any  trial  or 
any  trouble,  for  the  glory  and  the  honor  and  the  defense  of  the 
Catholic  faith  and  the  betterment  of  his  own  country. 

"He  was  snatched  away  from  earth  without  the  last  rites  of 
his  church  or  an  opportunity  to  receive  its  last  sacraments.  No 
friend  sat  round  his  bedside  to  cheer  him  and  give  him  fortitude 
in  his  last  agony.  The  comforting  voice  of  the  priest  did  not 
fall  upon  his  ear  as  his  spirit  passed  away.  To  him  were  denied 
the  aid  and  the  fortitude  with  which  the  church  supplies  the 
Christian  soul  when  about  to  go  forth  upon  its  perilous  journey 
from  this  to  another  life.  Cherish,  therefore,  his  name  with  love, 
with  charity,  with  respect. 

"As  his  body  moulders  with  the  earth,  could  his  spirit  but 
find  a  voice  it  would  say  to  you :  'Let  my  example  be  to  you  a 
lesson  of  kindness  and  charity  and  forgiveness,  particularly  to  my 
enemies.  As  my  life  has  been  a  life  of  charity,  let  your  feelings  be 
toward  them  feelings  of  forgiveness.  If  they  say  aught  against 
me  let  it  pass,  let  it  go,  for  the  words  of  men  are  nothing,  and 
they  pass  away  as  the  winds  that  bear  them  from  their  mouths. 
Receive  but  mind  them  not.  Toward  those  who  have  injured  me 
most,  in  the  name  of  God  have  charity,  have  charity.'* 


MURDER  WILL  OUT.  209 

The  sad  march  was  taken  up  to  Calvary,  and  there  the  coffin 
was  taken  from  the  train  and  borne  through  a  living  avenue  toward 
the  public  vault.  The  crowds  closed  in  after  the  chief  mourners, 
and  when  the  head  of  the  procession  reached  the  vault  there  were 
ten  thousand  people  in  line. 

The  Hibernian  Rifles  and  the  Clan-na-Gael  Guards  fell  in 
line  and  marched  in  files  to  the  burial  place,  the  bands  playing 
dirges  all  the  way.  Not  a  word  was  spoken.  With  bared  heads 
the  pall-bearers  carried  their  burden  to  the  vault  between  the 
crossed  swords  of  the  military  orders.  The  coffin  was  placed 
inside  and  the  doors  were  closed. 

No  funeral  orations  were  made  and  no  military  salute  was 
fired  over  the  temporary  tomb.  Slowly  the  crowds  melted  away, 
and  in  a  few  minutes  the  three  huge  trains  had  carried  away 
the  multitudes  that  had  followed  the  murdered  Doctor  to  his  last 
resting-place. 


Chaptee  III. 

Woodruff  and  His  Many  Stories — The  First  Clue — The  Cottage 
at  1872  Ashland  Avenue — What  the  Carlsons  Saw  and 
Heard — Suspicious  Circumstances — Williams  and  His  Story 
— Who  is  Williams? — The  Hammond,  Ind.,  Letter — Burke's 
Picture  Found — Re  veil's  Mark — What  the  Salesman  Believed 
— The  Bloody  Foot-prints — Blood  on  the  Shutter — Painting 
Over  Crime — The  Theater  of  the  Murder — The  Broken 
Arm-chair. 

eR  O  N I N  was  dead  and  buried  now.  Where  were  the 
assassins  who  had  brought  him  to  his  end  ?  To  answer 
this  question  were  applied  all  the  ingenuity  and  all  the 
resources  of  the  Police  Department  and  of  a  large  and  growing 
section  of  the  Irish  revolutionists. 

Luke  Dillon,  one  of  the  members  of  the  executive  of  the 
Clan-na-Gael,  came  on  to  Chicago  at  once  to  organize  and  direct 
the  detective  work  to  be  done  by  Cronin's  Irish  friends  and  to 
co-operate  with  the  police. 

Of  course  the  public  mind  turned  directly  to  Woodruff,  who 
manifestly  knew  something  about  the  case,  and  an  explanation 
was  demanded  of  that  versatile  and  imaginative  yq^ng  man. 

There  were  circumstances  which  convinced  Capt.  Schaack 
that,  in  spite  of  his  very  evident  lying,  Woodruff  knew  something 
he  had  not  told,  and  accordingly  he  was  again  questioned,  with 
results  absolutely  valueless  and  yet  mysterious. 

He  confessed  again,  of  course,  this  time  implicating  every- 
body whose  name  had  been  mentioned  in  the  case  and  several 
who  perhaps  only  existed  in  his  fecund  fancy.  His  story  made 
a  tremendous  sensation  at  the  time,  but  was  soon  disproved. 

"  The  first  time  I  saw  Woodruff,"  said  Capt.  Schaack  to  the 
Coroner,  "  he  was  brought  over  to  the  East  Chicago  Avenue  Sta- 

(210) 


MURDER   WILL   OUT.  211 

tion.  1  was  called  out  of  b'ed  about  one  o'clock  by  Capt.  O'Don- 
nell.  He  said  he  had  the  man  there  who  claimed  that  he  had 
driven  the  wagon  containing  the  bloody  trunk.  I  got  up  and 
went  out  on  the  street.  They  had  two  wagons  there.  The  Cap- 
tain told  me  that  this  man  had  been  taken  up  by  them  in  the 
evening  to  Lake  View  to  have  him  point  out  the  place  where  he 
had  left  the  trunk.  The  Captain  asked  me  if  1  would  go  with 
him  to  see  whether  or  not  he  knew  the  right  place.  I  went  with 
him  and  told  him  to  let  this  man  drive  the  horse  himself.  Then 
he  told  me  about  this  barn  on  North  State  Street,  where  the  fel- 
lows had  told  him  they  had  got  the  trunk,  and  drove  there.  He 
drove  them  to  Lincoln  Park  and  pointed  out  the  place  where  he 
said  they  had  dumped  the  contents  of  the  trunk.  He  said  when 
the  contents  fell  out  he  saw  an  arm  or  a  leg,  and  that  was  all  he 
noticed.  The  horse  got  scared,  and  his  attention  was  occupied  in 
trying  to  hold  him.  I  told  him  to  drive  us  to  where  he  had  left 
the  trunk,  and  he  drove  us  to  Evanston  Avenue.  He  drove  us  to 
within  about  two  hundred  feet  of  where  the  trunk  was.  He 
stopped  and  said,  '  Well,  I  am  pretty  close  to  it,  but  I  don't  know 
whether  I  have  passed  it  yet  or  not.'  I  told  him  it  did  not  make 
any  difference  now,  to  drive  on  further.  He  drove  on  past  the 
place,  and  when  he  had  gone  about  fifty  feet  past  it  he  stopped 
and  said:  '  Now  I  am  past  it.'  I  asked  him  on  which  side  of  the 
wagon  they  had  thrown  out  the  trunk,  and  he  said  on  the  west 
side  as  they  went  out.  We  turned  around  and  came  back  within 
about  six  feet  of  the  place  where  the  trunk  was  found.  There 
were  two  different  clumps  of  bushes,  and  he  said  that  they  had 
thrown  it  in  either  one  of  them.     He  was  right  on  that." 

"  How  far  were  yovi  from  the  spot  where  the  trunk  was  really 
found  }  Was  there  anything  there  at  that  time  by  which  to 
indicate  the  place  or  identify  it  ? " 

"  There  was  nothing  by  which  Woodruff  could  identify  it 
except  his  knowledge  of  the  place." 

"  Did  Woodruff  say  anything  to  you  that  night  ?  " 


212  MURDER   WILL   OUT. 

"  No.  I  was  not  with  him  in  the  wagon  at  all.  He  was 
taken  to  the  West  Side,  and  I  went  over  to  him  to  see  if  I  could 
get  a  description  from  him  of  these  men,  King  and  Fairburn. 
He  said  that  these  two  men  were  thieves  or  burglars.  He  after- 
ward said  that  King  was  a  gambler,  an  abortionist  and  a  quack 
doctor,  and  that  the  other  was  a  general  burglar. 

"  I  did  not  get  any  chance  there  to  have  a  good  talk  with 
him.  He  had  told  me  many  things  that  I  could  not  believe,  and 
there  were  other  things  that  he  came  very  near  the  truth  about. 

"  The  day  the  grand  jury  sat  on  this  case,"  continued  Capt. 
Schaack,  "  I  got  a  note  from  the  State's  Attorney,  to  take  old  man 
Carlson  down  to  the  room  where  I  had  a  lot  of  other  witnesses, 
Woodruff  being  among  them,  and  see  if  Carlson  would  identify 
him.  I  did  so,  and  brought  Woodruff  where  Carlson  had  a  good 
view  of  him,  but  there  was  no  identification.  I  then  took  him 
into  my  private  office  and  asked  him  if  he  had  anything  new  to 
say  in  the  case.  '  Well,'  he  said,  *  there  are  a  good  many  things 
I  have  not  told.'  '  Tell  them  now,'  said  I,  '  but  you  must  be 
more  truthful  than  you  have  been  heretofore.  I  don't  want  you 
to  try  to  fool  me  again.' 

"  He  told  me  that  what  he  was  about  to  tell  me  now  would 
be  all  true.  He  told  me  that  he  was  on  Division  Street  one  day 
with  King  and  Fairburn ;  they  were  in  a  saloon  there  and  had 
some  beer ;  that  a  man  was  there  with  them  who  had  a  large 
show  of  money,  and  that  this  man  gave  some  of  that  money  to 
the  two  men.  King  and  Fairburn.  When  they  got  through  they 
came  out  of  the  saloon,  and  while  they  were  standing  there  this 
strange  man  walked  out.  Woodruff  said  he  asked  King  who  this 
strange  man  was,  and  King  answered,  '  That  is  the  great  lawyer, 
Aleck  Sullivan.'  Woodruff,  on  that  occasion,  also  told  me  that 
he  was  the  man  who  then  drove  to  the  cottage  and  took  the  trunk 
from  the  cottage  and  placed  it  where  it  was  found." 

"  Did  he  give  the  number  of  that  cottage  ? " 

"  No;  he  said  '  the  cottage.'     I  said  to  him,  '  You  must  have 


MURDER   WILL  OUT.  213 

had  a  great  deal  of  trouble  to  get  the  trunk  out  of  the  back  way,* 
as  it  is  quite  narrow  there.  I  said  this  to  test  him,  but  he  at  once 
replied  that  he  had  taken  it  out  by  the  front  steps.  '  There  were 
a  number  of  things  that  you  told  me  before  that  are  not  true/  I 
said  to  him.  '  Well/  he  says,  '  they  are  slightly  true.*  '  Why 
did  you  say  you  stopped  in  Lincoln  Park?'  I  asked  him.  '  Well, 
we  did  stop  in  Lincoln  Park,*  he  replied.  I  asked  him  why  he 
said  that  the  body  in  the  trunk  was  the  body  of  a  woman. 
'  Well,*  he  said,  '  that  was  a  mistake,  but  we  did  take  the  trunk  up 
there  for  the  purpose  of  leaving  the  contents  there,  and  then  they 
changed  their  minds  and  decided  to  take  it  out  and  throw  it  in 
the  lake.'  I  said  to  him:  '  Did  you  see  them  put  the  trunk  into 
the  catch-basin.?'  He  said,  'No;  I  got  scared  when  they  pulled 
the  lid  off,  and  I  drove  south.  I  waited  until  they  got  through 
with  it,  and  then  I  returned  and  took  them  and  the  trunk  off 
again  and  threw  the  trunk  where  it  was  found.'  I  asked  him  if 
that  was  all  he  knew  at  the  time,  and  then  he  said,  '  You  will  find 
out  that  the  man  who  hired  me  to  do  that  work  is  your  detective, 
this  man  Coughlin.'  Then  I  asked  him  about  the  story  he  told 
about  that  barn  at  520  State  Street,  and  he  said,  *  I  did  drive  the 
fellows  there  after  I  got  through.  That  was  where  they  got  the 
rig.*  I  told  him  that  his  story  did  not  look  right,  that  every- 
body who  had  seen  that  wagon  said  that  the  horse  was  a  sorrel 
one.  He  said :  '  No ;  it  was  a  gray  horse,  but  it  was  not  very 
gray,  and  at  night  time  people  might  take  it  for  a  bay  horse.* 

"  In  the  first  story  that  he  gave  me  he  said  that  this  man  King 
came  to  him  the  previous  Wednesday  and  gave  him  $25;  he  told 
King  that  he  was  hard  up,  and  King  gave  him  the  money  and 
did  not  ask  any  questions.  King  told  him  that  they  had  some 
trunks  to  be  hauled,  and  that  they  would  make  a  load.  He  told 
Woodruff  where  to  meet  him  at  a  certain  hour  that  night,  and  on 
the  following  Saturday  evening  he  came  to  Woodruff  again  and 
told  him  that  this  was  the  night  he  wanted  the  work  to  be  done. 
He  met  him  at  the  barn  about  nine  o* clock  that  night.     He  had  a 


214  MURDER   WILL   OUT. 

light  livery  wagon  there  which  they  put  into  the  alley  at  the 
rear  of  the  place.  He  got  the  horse  out  of  the  barn  and  muffled 
his  feet  so  as  to  make  no  noiso.  He  then  took  up  King  and  Fair- 
burn  and  did  this  job.  That  was  the  last  conversation  I  had 
with  him," 

Later  on  Woodruff  made  an  even  more  sensational  confes- 
sion to  Joseph  R.  Dunlop,  the  editor  of  the  Times.  In  this  state- 
ment he  declared  that  he  had  got  into  relations  with  the  Fenians 
while  he  was  a  Canadian,  as  he  had  supplied  their  spies  with  in- 
formation in  1874  and  1875.  He  then  told  how  he  had  met  some 
of  these  old  Irish  associates  in  Chicago.  The  flat  at  117  Clark 
Street  had  been  found  in  time  for  this  confesf^ion,  and,  accord- 
ingly, he  introduced  it  into  his  story  with  fine  dramatic  effect. 

Again,  however,  he  told  things  that  it  was  curious  he  should 
ever  have  known,  and  other  things  that  were  subsequently  mani- 
festly proven  to  be  false.  As,  for  instance,  he  made  the  men  who 
had  thrown  the  dead  body  of  Cronin  into  the  catch-basin  bury  the 
Doctor's  instrument  case  in  the  sand  in  Lincoln  Park.  The  case  was 
afterward  found,  together  with  the  murdered  man's  clothes,  in  an- 
other catch-basin. 

It  is  a  part  of  the  extremely  unsatisfactory  conduct  of  the 
defense  that  the  mystery  about  this  man  Woodruff  is  not  ex- 
plained. He  forced  himself  into  the  jail  and  into  the  very  shadow 
of  the  gallows  by  a  series  of  confessions,  all  of  them  manifestly 
false,  bvit  all  of  them  extremely  skillful  and  misleading. 

What  can  be  his  motive  ? 

Even  in  jail  he  tried  variously  and  ingeniously  to  establish 
relations  with  Alexander  Sullivan,  smuggling  to  him  a  note, 
seemingly  innocent  and  sympathetic.  And  yet,  had  Mr.  Sullivan 
been  trapped — had  he  even  kept  silence  about  the  communication, 
there  can  ])e  no  earthly  doubt  that  he  would  have  been  put  in  a 
most  unfortunate  light. 

The  note  in  question  said,  in  substance,  that  Woodruff  did 
not  say  to  Capt.  Schaack  that  he  had  seen  Sullivan  give  any  one 


MURDER   WILL   OUT.  215 

money,  and  ended  with  the  postscript :  "Anything  I  can  do  for 
you  I  shall  be  glad  to."  It  was  addressed  to  Alexander  Sullivan, 
Esq.,  and  signed  in  full  by  Woodruff.  This  was  admitted  by  Keeper 
Olsen,  who  explained; 

"  Mr.  Sullivan  stopped  me  as  I  was  passing  his  cell.  He 
handed  me  a  note  and  told  me  it  had  been  given  him  by  a  man  who 
works  in  the  kitchen.  Sullivan  said  to  me:  'I've  got  a  note 
from  a  man  named  Woodruff ;  who  is  he  ?'  I  told  him  that  Wood- 
ruff was  confined  on  the  same  charge  he  was. 

"Mr.  Sullivan  asked  me  to  take  the  note  over  and  have 
Woodruff  identify  it.  I  took  it  to  Woodruff  and  asked  him  if  he 
had  sent  it.  He  said,  '  No.'  I  then  asked  him  whether  he  had 
written  it.     He  acknowledged  that  he  had,  and  dropped  it. 

"  I  went  back  to  Mr.  Sullivan's  cell  and  told  him  what  Wood- 
ruff had  said.  Mr.  Sullivan  then  told  me  to  ascertain  certainlj- 
whether  Woodruff  had  not  sent  it  to  him.  I  saw  the  man  who 
delivered  the  letter  to  Mr.  Sullivan  and  found  out  from  him  that 
Woodruff  had  sent  the  letter.  When  I  informed  Woodruff  of 
this  he  admitted  having  sent  it  and  asked  me  to  let  him  see  it. 
This  I  refused  to  do,  as  I  thought  it  belonged  to  Sullivan. 

"  I  returned  to  Sullivan  and  gave  him  the  note,  telling  him 
that  Woodruff  had  acknowledged  having  sent  it  to  him.  Sul- 
livan handed  it  back  to  me  with  the  request  that  I  indorse  my 
name  on  the  back  of  it  so  that  I  could  identify  it  as  the  same 
piece  of  paper." 

Suppose  that  Mr.  Sullivan  had  thought  that  this  was  merely 
a  denial  of  a  newspaper  statement,  and  had  dismissed  the  matter 
from  his  mind,  how  easy  it  would  have  been  afterwards  to  estab- 
lish the  fact  of  a  clandestine  correspondence  between  the  two.  It 
was  a  trap,  and  a  very  subtle  one. 

Then  who  can  Woodruff  be,  or,  what  can  he  be,  that 
he  should  play  the  wonderful  role  with  which  he  has  enter- 
tained the  public?  An  answer  to  this  question  might  have  had  a 
very  important  effect  upon  the  trial;  but  it  does  not  seem — to  the 


216  MURDER  WILL   OUT. 

"outside  world,  at  least — that  any  attempt  has  been  made  to  an- 
swer it. 

Woodruff  drops  into  the  Cronin  mystery  out  of  a  clear  sky; 
and  nobody  cares  to  inquire  whence  he  comes  or  what  he  is,  or 
what  motives  impel  him,  although  there  are  those  who  assert  that 
the  answer  to  these  questions  might  uncover  the  hidden  hand 
which  they  believe  is  reaching  for  the  throats  of  the  revolutionary 
leaders. 

In  this  connection  I  might  as  well  insert  at  this  point  the  fol- 
lowing Associated  Press  dispatch: 

'^London,  June  19. — Mr.  Labouchere,  writing  in  TrutJi  ahovit 
the  charges  against  Alexander  Sullivan,  says  that  everything  that 
the  Times,  which  has  an  agent  and  banking  account  in  Chicago, 
can  do  to  prejudice  the  public  against  Mr.  Sullivan  will  be  effect- 
ively done;  first,  because  Mr.  Sullivan  advised  Patrick  Egan  re- 
specting information  sent  to  England  regarding  the  Parnell 
forgeries;  and  second,  because  he  selected  Father  Dorney  to 
convey  across  the  ocean  the  documents  which  smashed  the  Times* 
case. 

"Mr.  Labouchere  says  the  assertion  that  Mr.  Sullivan  misap- 
plied funds  entrusted  to  him  is  known  to  be  absolutely  untrue. 
He  thinks  it  probable  that  these  charges  have  been  brought  against 
Mr.  Sullivan  in  order  to  compel  the  production  of  the  books  of 
the  American  League,  just  as  the  forgeries  were  published  in  order 
to  obtain  an  inquiry  into  the  Irish  League's  finances." 

However  this  is,  Woodruff  has  shot  his  bolt,  and  missed ; 
and  it  is  safe  to  predict  that  he  will  soon  disappear. 

No  sooner  was  the  dead  body  found  in  the  catch-basin,  than 
the  attention  of  the  police  was  called  to  the  cottage  at  1872  Ash- 
land Avenue  by  the  Carlson  family. 

It  was  the  undoubted  scene  of  the  murder.  There  was  blood 
upon  the  floor,  upon  the  walls,  upon  the  shutter,  upon  the  lamp. 
The  rocking-chair  was  broken.  In  fact,  upon  every  side  were  the 
eloquent  records  of  a  desperate  fight  for  life,  made  by  a  strong 
man  in  his  extremity. 

Most  of  the  blood  stains  had  been  painted  over  and  thus 


MURDER   WILL   OUT.  217 

hidden,  but  enough  remained  to  convince  even  the  most  skeptical 
observer  of  the  violence  that  must  have  caused  them. 

Even  here  there  was  a  curious  and  inexplicable  episode.  One 
of  the  reporters  who  were  working  upon  the  case  subsequently 
testified  upon  the  stand — and  there  can  be  no  doubt  as  to  the 
exact  truth  of  everything  he  said — that  he  had  himself  bought 
some  absorbent  cotton,  and  smeared  it  with  blood  from  a  piece 
of  liver,  and  that  he  had  then  hid  this  bloodied  stuff  in  rat-holes 
in  the  cellar  of  the  Carlson  cottage. 

This  is  the  amazing  story,  as  told  during  the  trial  under 
oath: 

Edwin  Jones,  a  reporter,  took  the  witness  chair.  He  was 
examined  by  Mr.  Forrest,  and  said  he  remembered  when  the  Carl- 
son cottage  was  discovered,  but  could  not  recollect  what  day  he 
went  out  there  first. 

"Did  you  take  any  cotton  batting  there  ?"  queried  counsel. 
"Yes,  sir,"  replied  the  witness. 

"What  did  you  put  on  it  V     "I  put  some  blood  on  it." 

"Where  did  you  put  the  cotton  batting .?"   "In  the  cellar." 

"What  did  you  do  that  for  ?"     "Oh,  just  for  a  guy." 

"Tell  all  about  it."  "Well,  on  the  morning  we  went  out 
there,  there  was  a  story  in  the  Herald  which  told  in  a  vague  sort 
of  a  way  about  the  Carlson  cottage.  We  went  out  there,  and  we 
didn't  think—" 

"Never  mind  what  you  thought,"  interrupted  the  court, 
sternly.     "Tell  what  you  did." 

"Well,  we  went  in  there,"  continued  the  witness,  "to  see  if 
there  was  any  blood  about.  The  first  place  we  went  in  was  the 
cellar,  and  we  put  the  cotton  batting  in  some  of  the  chinks  of 
the  ceiling  and  in  some  rat-holes  on  the  floor." 

"What  did  you  put  on  the  cotton  batting  ?" 

"Well,  it  was  blood,  I  guess.     I  got  some  meat  at  a  store.*' 

"Was  it  meat  or  liver  ?" 

"It  was  liver," 


218  MURDER   WILL   OUT 

"Did  you  smear  the  cotton  batting  very  well  ?** 

"We  didn't  smear  it  very  well.'* 

"What  did  you  say  you  did  it  for  ?" 

"More  for  a  joke  than  anything  else." 

"Wasn't  it  to  get  up  a  sensational  article  ?" 

"No,  sir." 

"How  much  cotton  batting  did  you  put  around  there  ?" 

"Well,  we  bought  ten  cents'  worth,  and  I  guess  we  put  half 
of  it  there.     It  was  the  same  kind  of  cotton  used  by  physicians." 

"Frank  Williams,  as  he  called  himself,  rented  my  cottage  at 
1872  Ashland  Avenue,  on  March  20,"  said  the  elder  Carlson.  "I 
noticed  then  that  he  went  over  and  talked  to  Sullivan,  the  iceman. 
He  apparently  talked  familiarly  with  him.  As  the  month  of  April  ap- 
proached the  20th,  and  the  rent  day  was  coming  near,  I  began  to 
think  it  strange  that  my  tenant  did  not  occupy  the  premises.'  I 
wanted  a  reliable  tenant.  Seeing  the  man  talk  with  Sullivan,  I 
stepped  over,  and  spoke  of  his  queer  conduct  in  not  living  in  the 
house  he  had  rented,  and  added  that  I  felt  somewhat  anxious  about 
my  rent  and  the  permanency  of  the  tenant. 

" '  He  is  all  right,'  said  Mr.  Sullivan  to  me.  'He  will  pay 
you  all  right  enough  when  the  month  is  up.'  " 

Mr.  Carlson's  son,' after  giving  a  number  of  corroborating 
circumstances,  said: 

"I  was  present  when  the  furniture  was  brought  to  the  cottage 
— two  days  after  the  rental — March  22.  Two  men,  calling  them- 
selves Williams,  unloaded  the  truck.  The  driver  remained  seated 
— he  did  not  handle  the  goods.  I  casually  stepped  up  to  the 
driver  and  discovered  that  he  was  a  Swede.  I  spoke  to  him  in 
that  language,  and  he  told  me  that  he  had  brought  the  furniture 
from  117  Clark  Street.  The  driver  has  a  stand  on  East  Chicago 
Avenue." 

Mrs.  Carlson,  the  daughter-in-law  of  the  owner  of  the  cottage, 
said: 

"I  visited  my  mother-in-law   March   20.     While   at   their 


MURDER   WILL   OUT.  219 

home — a  cottage  which  sits  in  the  rear  of  the  other  place — a  man 
knocked  at  the  door  and  entered.  He  came  from  the  back  part 
of  the  premises,  in  the  vicinity  of  Sullivan's  barn  or  house.  He 
said  he  desired  to  see  the  cottage,  which  was  for  rent.  Old  Mr. 
Carlson  took  him  over  and  showed  him  about  the  place.  They 
returned,  and  the  man  said  he  would  take  the  cottage,  at  the  same 
time  producing  $12,  the  amount  of  the  first  month's  rent.  He 
gave  his  name  as  Frank  Williams.  While  the  receipt  for  the 
money  was  being  made  out  young  Mr.  Carlson  asked  Mr.  Williams 
what  his  business  was.  This  did  not  seem  to  please  Williams,  for 
he  looked  sullenly  at  his  questioner  and  at  all  of  us  and  then,  low- 
ering his  eyes,  said:  'lam  employed  down-town.'  I  remarked 
shortly  after  he  left  that  he  seemed  mad  at  the  question.  When 
he  departed  he  did  not  go  to 'the  front,  toward  Ashland  Avenue, 
but  started  over  toward  Sullivan's. 

"  The  description  of  Frank  Williams  as  I  recall  him  is  as 
follows:  Medium  build,  perhaps  160  or  170  pounds  in  weight, 
5  feet  10^  or  11  inches  tall,  dark  complexion,  black  hair,  black 
eyes,  and  small  black  mustache,  dark  clothes  covered  by  dark 
overcoat.  He  wore  a  dark  hat,  but  whether  a  felt  or  derby  I  can- 
not n6w  say.     He  seemed  anxious  to  get  out  of  the  house." 

One  of  the  first  steps  in  the  inquest  on  Dr.  Cronin's  body 
was  to  take  the  jury  out  to  the  house  where  the  murder  had  been 
done.     The  scene  was  an  impressive  one. 

Officers  Brink  and  Kavello,  who  were  in  charge  of  the  house, 
answered  the  summons  at  the  door,  and  two  minutes  later  the 
jury  were  standing  within  the  room  where  Cronin's  life  was  taken. 
Gazing  on  the  dark  stains  that  dyed  the  floor,  and  even  through 
the  thick  coating  of  paint  that  covered  them,  the  jury  saw  clearl3^ 
and  distinctly  a  terrible  evidence  of  the  awful  crime  that  had 
been  perpetrated- there.  The  jurors  bent  down  and  eagerly  scanned 
the  blood-stained  floor.  The  oflScers  pointed  out  each  particular 
stain. 

"  Here  is  the  spot,  no  doubt,  where  he  fell  and  bled  from  the 


220  MURDER  WILL   OUT. 

first  wound  in  the  head,"  said  a  juror,  pointing  to  a  large  blood- 
mark  near  the  center  of  the  floor. 

"  Very  likely,"  muttered  a  third,  "  and  here  is  another  mark, 
and  here;  and  here  they  must  have  dragged  him  about  the  floor, 
or  maybe  he  was  struggling  on  his  knees  for  life  and  bled  as  he 
fought." 

"  Gentlemen  of  the  jury,"  said  the  Coroner,  "  let  me  first  call 
your  attention  to  the  paint  on  this  floor."  The  jurymen  and 
reporters  were  standing  in  the  front  parlor,  facing  on  Ashland 
Avenue.  *'For  your  information,"  continued  Mr.  Hertz,  "I  desire 
to  state  that  the  evidence  is  that  this  floor  was  not  painted  at  the 
time  the  cottage  was  last  rented,  but  whether  it  was  painted  before 
or  after  the  murder  was  committed  we  can  not  say.  You  observe 
those  foot- prints  made  in  the  paint  while  it  was  still  fresh ;  whether 
these  foot-marks  were  made  before  or  after  the  murder  was  com- 
mitted is  another  matter  on  which  we  cannot  now  make  any 
positive  statement." 

The  prints  of  the  long,  naked,  curved  feet  were  closely  in- 
spected by  the  jurors,  some  of  whom  even  took  measurements  of 
the  marks. 

Every  drop  of  Cronin's  blood  that  left  a  tell-tale  mark  in  that 
crime-stained  room  was  scanned  and  stored  in  the  memory  of  the 
jurors.  While  they  were  engaged  in  this  work  Lieut.  Spengler 
picked  up  the  hand-lamp  that  stood  upon  the  dressing-case. 

"  Look  here,  gentlemen,"  he  said,  "  the  chimney  of  this  lamp 
has  upon  it  marks  of  paint  of  the  same  color  of  that  with  which 
the  room  has  been  painted.  That  is  the  evidence,  I  think,  that 
this  painting  was  done  at  night-time." 

The  jurors  made  a  note. 

Coroner  Hertz  got  upon  his  knees  and  looked  closely  at  the 
blood-marks  that  bespattered  the  wall  of  the  cottage  opposite  the 
door  opening  into  the  hall.  "  Gentlemen,"  he  said,  "  there  is  no 
.doubt  that  these  are  blood-marks,  and  they  are  very  distinct.  The 
blood  spurted  from  the  victim's  wounds  and  bespattered  the  wall. 


MURDER   WILL   OUT. 


221 


Here  is  one  small  clot  in  which  a  few  hairs  are  fastened.     What 
this  signifies  it  would  be  difficult  to  say. 

"  Probably  when  the  murdered  man  stepped  into  the  room 
he  was  dealt  a  blow  from  behind,  he  staggered  forward  and  plunged 
head  foremost  against  the  wall,  his  head  striking  the  place  to  which 
the  hairs  adhere." 


The  Coroner's  Jury  Examining  Finger  Marks  on  the  Window  Blind. 

"  My  theory  would  be  that  he  had  just  laid  his  case  of  instru- 
ments down  on  this  wash-stand  when  he  received  the  blow,"  said 
Officer  Brink, ''and  the  blood  spurted  from  the  wound,  but  I 
don't  think  he  fell  then." 

A  number  of  tacks  in  the  bed-room  of  the  front  parlor,  show- 
ing that  the  place  had  been  carpeted  some  time  before  the  paint 
was  applied,  were  also  pointed  out."    Blood -stains  on  the  looking- 


222  MURDER   WILL   OUT. 

glass  and  the  marks  of  the  bloody  fingers  on  the  shutter  of  one 
of  the  parlor  windows  were  carefully  scrutinized. 

The  rocking-chair,  from  which  one  arm  had  been  torn,  was 
examined,  and  it  was  found  that  the  back  of  it  was  daubed  with 
paint,  as  if  whoever  was  painting  the  floor  had  grasped  it  with 
his  paint-bedaubed  hand. 

After  the  interior  of  the  house  had  been  closely  inspected  the 
jury  were  shown  the  blood-marks  on  the  front  steps  and  the  bloody 
finger-marks  on  the  fence  in  front,  and  were  then  driven  to  the 
spot  where  the  trunk  was  found  on  Evanston  Avenue.  They 
halted  at  Fifty-ninth  Place,  and  an  examination  was  made  of  the 
catch-basin  into  which  Cronin's  body  had  been  thrown  by  his  mur- 
derers. The  dimensions  of  the  place  and  the  depth  of  the  water 
in  the  bottom  of  it  were  ascertained. 

In  driving  from  the  cottage  to  the  catch-basin  the  route  sup- 
posed to  have  been  followed  by  the  assassins  when  carrying  the 
corpse  of  their  victim  to  its  hiding-place  was  taken. 

The  first  point  to  be  settled  of  course  was,  who  was  Williams  ? 
The  descriptions  of  him  were  meager,  and  although  he  had  written 
a  letter  from  Hammond,  Indiana,  to  Mrs.  Carlson  after  the  murder, 
asking  her  to  store  the  furniture  for  him,  there  was  little  to  be 
learned  from  his  handwriting. 

Curiously  enough  "  Williams "  was  identified  as  Martin 
Burke,  through  the  accidental  discovery  of  a  large  picture  of  the 
monument  erected  by  the  Irish  Nationalists  of  Chicago  to  their 
honored  dead.  A  large  group  of  people  clustered  about  the  pedes- 
tal of  the  monument,  and  in  this  group  was  a  face  which  the 
Carlsons  recognized  as  Williams.  The  man  was  at  once  known  to 
be  Burke. 


Chaptee  IV. 

Once  More  the  White  Horse — A  Failure  to  Identify — "Maj." 
Sampson's  Story — Coughlin's  Suspicious  Conduct — His  Ar- 
rest— O'Sullivan  in  Custody — The  Case  Against  Each — 
Weaving  the  Web — Fatal  Circumstances  Accumulate — 
Cooney,  "  the  Fox  " — Chasing  the  Fugitives — Bewilderment 
upon  All  Hands  —  Where  Does  the  Conspiracy  Reach  ? — 
Charges  Against  Alexander  Sullivan — Cronin's  Friends  Or- 
ganize. 

eHARLES  W.  BECK,  one  of  the  reporters  for  the  Times,  and 
certainly  one  of  the  shrewdest  of  those  who  were  working 
toward  the  solution  of  the  Cronin  mystery,  was  dissatisfied 
with  Mrs.  Conklin's  failure  to  identify  the  horse  and  buggy  which 
Coughlin  had  ordered  for  his  friend  Smith  at  Dinan's  livery  sta- 
ble. He  had  heard  rumors  about  Coughlin's  outspoken  enmity 
toward  Cronin,  and  he  determined  to  try  once  more  if  Mrs.  Conk- 
lin  could  recognize  the  celebrated  white  horse.  Mr.  Beck's  own 
account  of  what  followed  is  here  reproduced: 

^'  The  horse  attached  to  the  same  buggy  in  which  '  Thomas 
Smith'  carried  away  the  Doctor  was  driven  up  to  and  stopped,  as 
nearly  as  possible,  at  the  same  spot  and  placed  in  the  same  posi- 
tion in  front  of  Dr.  Cronin's  rooms  as  it  occupied  on  the  fatal 
Saturday  night.  Mrs.  Conklin  looked  at  it  from  the  same  win- 
dow through  which  she  observed  it  on  that  memorable  occasion. 
.  "  '  That  is  the  very  horse  and  buggy  that  took  Dr.  Cronin 
away,'  she  said,  as  her  eyes  filled  with  tears. 

"'Are  you  positive.?  May  there  not  be  some  mistake.?' 
asked  the  reporter. 

"  Before  Mrs.  Conklin  could  answer  some  persons  on  the 
sidewalk  threw  a  bucket  of  water  into  the  gutter  at  the  horse's 
feet.  The  animal  was  startled  and  jumped  backward,  turning  its 
head  in  a  peculiar  way. 

"  '  Do  you  see  that  ? '  she  exclaimed.  '  While  the  man  was 
waiting  for  Dr.  Cronin  that  Saturday  night  the  horse  was  startled 

(223) 


224  MURDER  WILL   OUT. 

by  something  and  made  a  jump  exactly  as  he  then  did.  There  is 
no  mistake.     It  is  the  same  horse.' 

*'  Mrs.  Conklin  had  not  been  told  anything  about  the  horse 
and  buggy,  and  did  not  know  that  it  was  the  one  Liveryman 
Dinan  gave  to  Coughlin's  friend  'Thomas  Smith.' 

"  After  Dr.  Cronin  stepped  into  the  buggy  and  before  it  was 
driven  away  Frank  Scanlan  spoke  to  him.  He  had  better  oppor- 
tunity than  any  other  person  to  observe  the  horse  and  driver. 

"  The  reporter  for  the  Times,  seated  in  the  same  buggy  and 
driving  the  same  horse  that  Liveryman  Dinan  gave  to  Coughlin's 
friend  '  Smith,'  stopped  in  front  of  a  place  where  Mr.  Scanlan  was 
standing  yesterday  afternoon  and  asked  him  a  question  about  the 
funeral  services  to-day. 

"  Mr.  Scanlan  didn't  answer.  His  eyes  stared  like  those  of  a 
man  who  thinks  he  sees  a  ghost. 

*'  His  face  turned  pale  and  his  lips  twitched.  He  ignored  the 
question  asked  him  and  exclaimed  :  'Where  did  you  get  that 
horse  ? ' 

" '  Oh,  down  in  Lake  View.  But  what  about  the  funeral, 
Mr.  Scanlan  ? ' 

" '  That's  strange.  That's  strange.  You  got  the  horse  in 
Lake  View  ?  I  would  swear  that  it  is  the  horse  that  was  at  Dr. 
Cronin's  that  Saturday  night.  And  the  buggy,  too  !  See  here — 
where  did  you  get  this  rig  ? ' 

'"  Oh,  the  rig  is  all  right.  The  funeral  will  be  held  at  11 
o'clock,  will  it .? ' 

"  But  Mr.  Scanlan  did  not  seem  to  hear.  He  stood  gazing 
at  the  horse  and  was  almost  oblivious  to  anything  else. 

"  '  I  can't  understand  it — I  can't  understand  it,'  he  muttered. 

"  '  See  here,  Mr.  Scanlan,  you  evidently  seem  to  think  you 
know  this  horse.     Why  do  you  think  so  .? ' 

"  'I  am  sure  that  horse  and  buggy  comprise  the  rig  that  took 
Dr.  Cronin  away.  The  buggy  is  the  one,  or  one  exactly  like  it. 
I  am  sure  of  that.  The  horse  is  the  same  or  one  so  nearly  like  it 
that  no  man  could  tell  the  difference.  I  am  morally  certain  the 
rigs  are  identical.' 

"  '  Can  you  describe  the  man  who  called  for  l)r.  Cronin  ? ' 

" '  He  was  a  rather  small  but  active  man.  His  face  needed 
shaving.  He  had  a  small  dark-brown  mustache.  He  wore  a 
round  soft  hat.  I  judged  he  was  the  foreman  of  the  ice  gang  or 
some  other  workingman.' 


MURDER   WILL   OUT.  225 

"  It  took  the  reporter  just  four  minutes  by  the  watch  to  drive 
the  white  horse  from  Liveryman  Dinan's  to  Dr.  Cronin's  rooms. 
Dinan  says  the  rig  left  his  stable  at  7:10  or  7:15.  Frank  Scan- 
Ian  says  it  was  7:20  by  the  clock  on  the  Division  Street  tower 
when  he  saw  the  buggy  in  front  of  Dr.  Cronin's  door. 

"Liveryman  Dinan  gives  an  excellent  description  of  the 
man  Coughlin  sent  to  him  and  to  whom  he  gave  the  white  horse. 
The  description  tallies  exactly  with  that  given  by  Mrs.  Conklin 
and  by  Frank  Scanlan." 

Scanlan's  identification  was,  as  the  reader  will  observe,  par- 
ticularly strong  under  the  circumstances. 

But  this  was  not  all.  One  of  the  professional  thugs  of  Chi- 
cago, a  fellow  called  ''^  Major  '*  Sampson,  came  forward  with  a 
story  that  some  months  before  Coughlin  had  offered  to  pay  him 
to  waylay  Dr.  Cronin  and  beat  him  badly.  By  itself  Sampson's 
story  would  have  attracted  little  attention,  as  he  was  known  to  be 
a  desperately  bad  character,  and  he  was  afterwards  shown  to  en- 
tertain a  special  hostility  to  the  detective.  But,  fitting  in  as  it  did 
with  the  other  circumstances,  it  was  a  link  in  the  chain  that  was 
wound  around  Coughlin. 

Up  to  this  time  Coughlin  had  borne  a  very  good  reputation. 
He  was  a  trusted  oflScer  in  the  Police  Department,  and  one  who 
had  done  excellent  work  in  many  cases.  He  enjoyed  to  the  full- 
est the  esteem  and  confidence  of  his  superiors;  and,  indeed,  it  was 
entirely  owing  to  his  reliance  in  Coughlin's  honesty  that,  Capt.. 
Schaack  was  led  into  the  one  mistake  he  made  in  the  course  of  this 
remarkable  case  —  the  mistake  of  not  putting  Coughlin  under 
arrest  as  soon  as  he  failed  to  bring  "Smith"  to  the  station,  after 
stating  that  he  had  seen  him  about  to  take  the  train  for  New 
Mexico. 

There  was  a  conference  between  Capt.  Schaack,  Chief  Hub- 
bard and  Mayor  Cregier,  the  result  of  which  was  that  Coughlin 
was  put  under  arrest,  charged  with  complicity  in  the  murder  of 
P.  H.  Cronin. 

Cronin  Yf^^  murdered  in  the  Carlson  cottage,  and  Coughlin 


226  MURDER  WILL   OUT. 

had  provided  the  vehicle  that  took  him  to  his  death,  afterwards 
giving  good  ground  for  suspicion  by  his  attempt  to  induce  Dinan 
to  say  nothing  about  the  transaction.  Later  a  witness  was  found 
who  swore  that  Coughlin  was  in  the  vicinity  of  the  Carlson  cottage 
on  the  night  of  the  murder.  Besides  this,  he  was  proven  to  have 
held  intimate  relations  with  P.  O'Sullivan,  the  ice-man,  and  at 
that  time  the  other  principal  suspect. 

Coughlin's  explanation  was  that  a  man  giving  the  name  of 
Thomas  Smith  came  to  him  on  the  morning  of  May  4th  and  said 
that  he  knew  his  (Coughlin's)  brother,  at  Hancock,  Mich.  Smith 
asked  him  to  hire  a  horse  and  buggy  for  that  evening,  and, 
Dinan's  being  the  nearest  place,  Coughlin  went  there  for 
it.  Three  days  later,  according  to  Coughlin's  story,  he  met 
Smith  on  the  street,  and  Smith  gave  him  $2  to  pay  for  the 
rig.  That  same  day  Smith  went  to  Mexico,  and  he  had  not  seen 
or  heard  of  him  since.  He  did  not  arrest  Smith  because  he  un- 
derstood that  the  Conklins  had  declared  the  horse  he  had  driven 
was  not  the  one  which  had  taken  the  Doctor  away. 

P.  O'SuUivan  was  on  the  same  day.  May  27th,  committed  to 
jail  on  a  warrant  charging  him  with  the  same  offense,  the  suspic- 
ious circumstances  in  his  case  being,  first,  his  contract  with 
Dr.  Cronin  for  medical  services,  made  April  26;  second,  the  fact 
that  the  Doctor  was  induced  to  go  with  the  stranger  by  the 
presentation  of  one  of  O'Sullivan's  cards;  and,  third,  his  intimate 
relations  with  the  tenants  of  the  Carlson  cottage,  where  the  deed 
of  blood  was  wrought.  O'Sullivan's  explanation  was,  of  course, 
that  all  of  these  facts,  which  were  admitted,  were  susceptible  of  a 
perfectly  innocent  explanation. 

There  was  now  a  perfectly  plain  road  for  the  police  to  fol- 
low. There  was  the  scene  of  the  murder  with  its  record  written 
in  blood,  and  the  panic  of  the  murderers  told  in  the  hasty  paint- 
ing of  the  floor.  There  was  the  body  of  the  dead  man  fully  iden- 
tified; there  were  half  a  dozen  people  who  could  swear  to  the 
identity  of  the  men  who  had  rented  the  cottage  and  used  it ;  and 


MURDER   WILL   OUT.  227 

there  was,  finally,  a  party  of  powerful  friends  of  the  dead  man, 
who  were  thoroughly  convinced  that  Dr.  Cronin  had  fallen  a  vic- 
tim to  his  stand  for  an  honest  administration  of  the  finances  of 
the  revolution. 

With  all  these  facts  and  all  these  factors,  it  is  not  diflBcult 
to  understand  how  strong  a  web  was  woven  about  the  suspects. 

The  point  now  was  to  find  the  Williams  brothers,  so-called, 
who  were  generally  known  to  be  Martin  Burke,  and  Pat  Cooney, 
known  for  his  shrewdness  as  "  C/Oone}^  the  Fox."  The  latter  got 
clear  away  and  left  no  trace  behind  him,  although  the  police  were 
more  than  once  very  close  to  him.  Indeed,  it  was  at  one  time 
thought  that  he  was  under  arrest,  and  would  be  produced  at  the 
trial  as  a  witness  for  the  State  —  all  of  which  was  of  that  class  of 
information  known  as  "  important,  if  true." 

Burke  had  hired  the  cottage,  and  had  bought  the  furniture 
and  the  trunk.  Cooney  had  appeared  at  the  cottage  after  the 
murder  and  wanted  to  pay  another  month's  rent,  which  Mr. 
Carlson  would  not  receive. 

The  hunt  for  these  two  men  was  eagerly  pursued,  but  they 
had  taken  the  alarm  and  had  got  away  safety.  No  one  knew 
whom  or  what  to  suspect,  but  as  the  days  went  on  the  men  who 
had  acted  with  Cronin  in  the  Clan  openly  charged  Alexander 
Sullivan  with  guilty  knowledge  of  the  crime. 

It  will  show  the  manner  in  which  public  opinion  was  being 
directed  to  reproduce  here  one  of  the  statements  printed  before 
the  inquest  had  seriously  attacked  the  mystery. 

"  The  circumstances  which  tend  to  bring  him  ( Alexander 
Sullivan)  so  closely  under  the  ban  of  suspicion  are,  that  he  was  a 
corner  of  the  'Triangle'  or  the  'inner  circle'  of  the  United 
Brotherhood.  As  a  member  of  the  triumvirate  he  was  charged 
by  Dr.  Cronin  with  having  been  a  party  to  the  embezzlement  of 
the  funds  of  the  order,  and  also  with  having  been  guilty  of  many 
other  high  crimes  and  misdemeanors.  He  and  Dr.  Cronin  had 
been  good  friends  for  some  time,  but  upon  this  rock  their  friend- 
ship foundered.     When  Dr.  Cronin  discovered  these  irregulari- 


228  MURDER  WILL   OUT. 

ties  their  investigation  became  a  monomania  with  him.  By  the 
hardest  of  toil  he  claimed  to  have  fixed  the  responsibility  for 
the  shortage  and  the  other  misfeasances  and  malfeasances  in 
office  on  the  triumvirate  composed  of  Alexander  Sullivan,  Michael 
Boland  and  Dennis  Feeley. 

"  Presenting  the  charges  before  a  convention  of  the  Clan-na- 
Gael,  they  were  rejected,  and  Dr.  Cronin  renewed  his  investiga- 
tion. So  successful  had  he  been,  so  it  was  said,  that  he  had 
made  a  very  strong  case  against  the  three  men.  The  results  of 
this  second  examination  Dr.  Cronin  intended  to  present  before 
the  convention  of  the  Clan-na-Gael  to  be  held  in  Philadelphia 
July  8,  and,  fearing  the  exposure  and  desiring  to  prevent  it,  the 
men  most  interested  undertook  to  forever  silence  the  man  who 
was  waging  the  war  on  their  integrity.  The  logic  of  this  as  a 
motive  seems  almost  irresistible,  and  the  most  blatant  friends  of 
the  dead  man  have  been  selected  to  furnish  the  world  with  this 
conclusion  as  to  Mr.  Sullivan's  undoubted  guilt. 

"But  there  is  more  circumstantial  evidence  of  Sullivan's 
guilt,  and  it  consists  in  the  main  of  Sullivan's  prosecution  of 
Cronin  on  fictitious  lawsuits.  In  these  lawsuits,  it  is  claimed,  it 
was  Sullivan's  purpose  to  get  at  Cronin's  private  history,  to  use 
when  the  exposure  on  Sullivan  should  arise.  Though  Sullivan 
did  not  figure  personally  in  these  petty  persecutions,  the  men 
who  did  leave  it  clear  to  every  one  that  he  was  in  the  background, 
and  that  all  advantages  obtained  were  to  be  for  his  individual 
benefit.  C.  M.  Hardy  was  one  of  the  attorn ej^s.  He  was  Sulli- 
van's colleague  in  the  '  boodle '  cases.  Williston  was  his  short- 
hand man.  Starkey,  the  notorious,  was  his  client,  and  David 
Callaghan  was  Starkey's  brother-in-law.  To  John  Devoy  Cronin 
frequently  complained  of  *  Aleck's  tactics  of  x^ersecution.'  It  is 
also  said  that  another  object  of  Sullivan  was  to  have  Cronin  in- 
dicted for  perjury  on  the  testimony  he  had  given  in  these  bogus 
cases. 

"  Besides  this,  there  is  much  stress  laid  on  the  fact  that  Ice- 
man Sullivan,  Dan  Coughlin,  and  other  suspects,  are  all  anti-Cro- 
nin  and  pro-Sullivan  men,  and  that  Alexander  Sullivan  procured 
Coughlin's  appointment  on  the  police  force. 

*■'  With  this  terrible  array  of  circumstantial  evidence  and  all 
the  attendant  talk  of  Sullivan's  positive  guilt,  it  is  about  time 
that  some  direct  testimony  be  offered  to  arrest  and  indict  him. 
In  the  meantime  these  insinuations,  accusations  and  threats  made 


MURDER   WILL   OUT.  229 

by  the  late  Dr.  Cronin's  fool  friends  should  have  a  knot  tied  in 
them.  Sullivan  is  either  innocent  or  guilty,  and  if  there  is  any 
primary  evidence  of  his  guilt,  let  the  Conklins,  the  Scanlans  and 
Mr.  Hynes  produce  it  or  give  the  public  a  rest.  Sullivan  will 
have  his  hands  very  full  to  explain  away  the  mass  of  strange  cir- 
cumstances which  seem  to  have  connected  him  with  Dr.  Cronin's 
death,  and  he  ought  to  be  given  an  opportunity." 


Chaptee  Y. 

Witnesses  at  the  Inquest — Getting  at  the  Crime — Cronin's 
Prophecy — The  Pamphlet  Again — From  Flat  to  Cottage — 
Luke  Dillon  on  the  Stand — A  Sensational  Statement — Sulli- 
van's Protest — He  is  Arrested — Report  on  the  Charges — 
A  Review  of  the  Work  Done  on  the  Case — Detective  Fail- 
ures and  Detective  Successes — The  Verdict  of  the  Coroner's 
Jury — Newspaper  Comment. 

5 IGHTY-TWO  witnesses  were  heard  by  the  Coroner's  jury 
in  the  eleven  days  in  which  they  worked  upon  the  Cronin 
mystery.  Some  of  these  were  important,  some  were 
merely -summoned  for  the  purpose  of  corroborating  information 
already  tendered,  or  to  fix  dates  or  the  like. 

The  work  of  getting  at  the  crime  was  not  an  easy  one,  and  it 
was  the  11th  of  June  before  the  jury  was  ready  to  report.  It 
was  easy  enough  to  suspect  a  number  of  men  of  a  conspiracy  to 
murder  Patrick  H.  Cronin,  but  it  was  not  so  easy  a  matter  to 
bring  together  the  proof  which  should  show  their  guilt — should 
show  the  direct  connection  between  the  Clark  Street  flat,  the 
Carlson  cottage,  and  the  murder. 

Dr.  Cronin's  own  frequent  statements  that  he  expected  to  be 
killed  through  the  machinations  of  the  members  of  the  old  Tri- 
angle was,  after  all,  the  chief  reason  why  the  verdict  was  framed 
as  it  was. 

He   had    predicted   that   he   would  be  made   away  with  by  * 
certain  persons,   and    he   was    made  away  with  —  consequently 
the  men  he  feared  must  have  been  the  men  who  committed  the 
crime — ^this  is  "  good  Crowner's  quest  law,"  no  matter  how  differ- 
ent a  view  Greenleaf  would  have  taken  of  it. 

There  could  be  no  doubt  about  Cronin's  own  prophecy  of 
the  murder.    To  one  man  he  said,  shortly   before  his  death,  "  I 

(230) 


MURDER   WILL  OUT.  231 

will  expose  this  embezzlement  if  I  lose  my  life."  To  another, 
"  They  are  trying  to  make  a  Carey  out  of  me.  It  is  their  last  re- 
source." To  another,  ••' If  anything  happens  me  I  have  left  a 
statement  which  will  show  why  I  was  made  away  with."  To  an- 
other, ''  My  death  will  be  widely  inquired  into,"  and  so  on, 
through  many  witnesses.  Indeed,  as  one  of  his  friends  said,  he 
seemed  to  have  Alexander  Sullivan  on  the  brain. 

The  pamphlet  or  interview  which  he  wrote,  "  Is  it  a  Con- 
spiracy ?  "  was  all  in  the  same  direction.  This  was  a  long,  loosely 
written  and  rather  rambling  document,  in  which  he  hinted  at  the 
causes  of  differences  between  himself  and  the  old  Triangle, 
rather  than  told  them  outright;  gave  an  account  of  the  manner  in 
which  it  had  been  sought  to  entrap  him  on  his  testimony  in  the 
bogus  lawsuits,  and  then  charged  the  members  of  the  old  Trian- 
gle with  seeking  his  life. 

When  a  man  writes  matter  of  this  sort,  and  is  then  found 
dead,  cruelly  murdered,  it  is  natural  that  suspicion  should  attach 
to  the  enemies  whom  he  has  himself  indicated  as  menacing 
him. 

To  this  feeling  Luke  Dillon,  one  of  the  members  of  the  pres- 
ent executive  of  the  Clan-na-Gael,  added  by  the  manner  in  which 
he  testified  before  the  Coroner. 

He  began  his  testimony  in  a  low  yet  clear  voice,  but  in  a 
few  minutes  there  were  tears  in  his  eyes.  From  the  moment  he 
took  the  stand  every  person  present  expected  that  startling  reve- 
lations would  be  made.  This  expectation  was  more  than  real- 
ized. 

He  told  how  the  old  Triangle  or  executive,  consisting  of 
Alexander  Sullivan,  Dennis  C.  Feeley  and  Michael  Boland,  had 
full  charge  of  the  Clan-na-Gael  and  managed  its  affairs  as  they 
saw  fit.  The  charges  made  by  Dr.  Cronin  that  large  sums  had 
been  misappropriated  grew  out  of  the  conduct  of  this  Triangle. 
He  said  that  at  the  time  Alexander  Sullivan  was  tried  for  the 
misappropriation  of  money  the  jury  stood  three  for  conviction  and 


232  MURDER  WILL   OUT. 

three  for  acquittal,  but  that  word  was  sent  out  by  Sullivan's  friends 
that  he  had  been  honorably  acquitted.  There  was  no  stenographer 
present  during  the  trial,  but  Dr.  Cronin  had  taken  voluminous 
notes.  The  Doctor  had  compiled  300  pages  of  the  evidence,  which 
he  intended  to  lay  before  the  convention  that  was  to  meet  in 
June.  The  executive  of  the  society  wanted  Dr.  Cronin  to  sur- 
render this  evidence  to  its  keeping,  but  he  declined  to  do  so. 
This  was  the  evidence  which  Dr.  Cronin  had  against  Alex- 
ander Sullivan,  and  which  has  been  talked  about  so  much  since  the 
assassination.  Mr.  Dillon  read  the  printed  protest,  signed  by  Alex- 
ander Sullivan,  which  had  been  sent  to  all  the  camps  during  the 
previous  two  weeks,  or  since  Dr.  Cronin's  body  was  found,  and 
which  was  described  in  a  preceding  chapter.  In  this  protest  Sulli- 
van calls  Dr.  Cronin  a  liar,  a  perjurer  and  a  scoundrel.  The 
protest  was  attached  to  the  report  of  the  trial  of  Sullivan,  and  is 
dated  Sept.  15,  1888. 

"  I  don't  think  this  protest  was  written  in  September,"  said 
Mr.  Dillon,  "  but  I  believe  it  was  prepared  since  Dr.  Cronin  was 
assassinated.  Alexander  Sullivan  has  been  active  in  the  society 
ever  since  he  retired.  I  have  seen  important  papers  in  his  own 
handwriting  since  he  left." 

Concerning  the  incarceration  of  American  Irishmen  in  Brit- 
ish prisons,  he  said:  *'Dr.  Cronin  and  man3^  others  held  that  the 
destruction  of  men  sent  to  England  was  due  to  Sullivan's  intimacy 
with  Le  Caron." 

''Were  these  men  and  their  missions  known  to  any  persons 
except  the  executive  officers  .?"  was  asked. 

"They  were  not." 

"Could  any  person  except  the  executive  reveal  anything 
about  them  ?" 

"  The  executive  officers  alone  knew  of  them  and  were  the 
only  ones  who  could  have  revealed  anything." 

"  Who  composed  the  executive  ?" 

"  Alexander  Sullivan,  Dennis  C.  Feeley  and  Michael  Boland." 


MURDER   WILL  OUT.  233 

Mr.  Dillon  said  that  at  first  he  thought  that  Dr.  Cronin  was 
needlessly  alarmed  and  that  the  Doctor's  life  was  not  in  danger  on 
account  of  his  exposure  of  Sullivan. 

Mr.  Dillon  said  that  he  knew  that  "  Dr.  Carpenter"  had  never 
been  given  any  money  by  Sullivan,  and  he  declared  that  Sullivan 
had  left  Mackay  Lomasney's  widow  and  her  children  to  starve. 
The  woman  was  the  wife  of  a  man  who  had  perished  while  on  a 
mission  upon  which  the  executive  had  sent  him.  Dillon  reported 
her  condition  to  Sullivan,  but  as  nothing  was  done  to  aid  her  he 
raised  about  $1,000  for  her  relief.  He  said  that  Sullivan  and  his 
fellow-officers  in  full  control  of  affairs  had  known  of  her  condition 
for  two  years. 

Having  heard  this  and  much  more  of  the  same  sort  of  evi- 
dence, the  jury  examined  Peter  McGeehan,  the  man  that  Dr. 
Cronin  had  declared  was  brought  to  Chicago  from  Philadelphia 
for  the  purpose  of  murdering  him. 

Referring  to  his  supposed  threats  against  Dr.  Cronin  and  Dr. 
McCahey,  McGeehan  was  asked : 

"Did you  ever  say  that  either  one  ought  to  be  killed  ?", 

"No,  sir." 

"  Did  you  ever  hear  anybody  say  that  you  said  so  .?" 

"  I  did." 

"Who  said  that?" 

"  Dr.  Cronin  himself  told  me  so.  I  did  not  know  of  it  until 
then." 

"  Didn't  you  know  then  that  you  were  going  to  kill  him  ?" 

"  Eh — what  do  you  mean  .?" 

"  When  was  it  that  Dr.  Cronin  told  you  this  ?" 

"Since  I  came  to  Chicago." 

"  When  ?" 

"  Somewhere  around  the  middle  of  February." 

"  Where  did  that  take  place  ?" 

"  Corner  of  Clark  and  Randolph  streets." 

^'  Who  was  with  you  at  the  time .?" 


234  MURDER  WILL   OUT. 

"  Thomas  J.  Conway." 

"  Who  was  with  Cronin  ?" 

"  Mortimer  Scanlan." 

"  What  did  the  Doctor  say  to  you  ?" 

"  Well,  previous  to  that  I  received  a  circular  from  Cronin  at 
McCoy's  Hotel  headed  '  Is  it  a  Conspiracy  ?'  There  was  no  name 
attached  to  it  or  anything.  I  did  not  know  where  it  came  from 
or  what  it  meant,  but  I  showed  it  to  a  friend  of  mine  on  Lake 
Street,  and  asked  him  what  was  the  meaning  of  it.  He  said:  '  That 
is  one  of  Dr.  Cronin's  circulars.  He's  crazy.  Pay  no  attention 
to  him."* 

"  Who  told  you  that  Dr.  Cronin  was  crazy  ?" 

"  Henry  Jordan.  I  did  not  pay  any  more  attention  to  it,  but 
one  day  afterward  I  met  Cronin.  I  was  in  the  company  of 
Thomas  J.  Conway.  I  was  coming  down  Clark  Street  and  passed 
the  Doctor  near  Randolph.  Cronin  was  with  Mortimer  Scanlan. 
He  turned  back  after  he  had  passed  me  and  used  some  very  bad 
language  to  me.  I  told  him  that  what  he  was  saying  was  a  lie. 
He  says:  '  I  am  informed  that  you  are  sent  here  to  assassinate  me.' 
I  said :  '  I  don't  know  anything  about  what  you  have  been  in- 
formed, and  whoever  told  you  that  is  trying  to  make  hard  feelings 
between  you  and  me.'  He  said  a  few  more  harsh  words  to  me. 
Then  I  told  him  that  if  he  did  not  pass  me  by  he  might  fare  worse. 
I  was  worked  up  enough  to  strike  him.  I  told  him  he  was  a  liar 
to  accuse  me  of  such  a  thing,  and  that  if  he  did  not  pass  me  by  in 
future  and  did  not  recognize  me  I  would  be  very  liable  to  strike 
him.     I  told  him  to  get  out  of  my  way." 

"  You  said  a  few  minutes  ago  that  he  would  be  apt  to  fare 
worse.     What  did  you  mean  by  that  ?" 

"  Oh,  I  did  not  use  those  very  words.  I  meant  that  I  would 
strike  him  if  he  did  not  pass  me  by.  He  had  me  all  worked  up.  I 
asked  several  other  people  why  he  used  such  language  toward  me. 
They  told  me  to  pay  no  attention  to  him." 

"  Have  you  ever  received  a  letter  from  Dr.  Cronin  ?" 


MURDER   WILL   OUT.  235 


Yes,  sir." 


"  What  did  that  letter  contain  ?" 

*'  Well,  it  stated  that  it  knew  what  my  business  in  Chicago 
was.  It  ordered  me  to  leave  the  city  at  once  or  he  would  have 
me  arrested  on  charges  preferred  by  his  friends  here.  It  said  that 
he  would  have  my  pedigree  traced  up  and  that  I  would  be  fully 
exposed." 

From  a  quarter  to  five  to  a  quarter  past  ten,  the  jury  dis- 
cussed the  evidence,  and  then  announced  that  they  were  ready  to 
report. 

The  verdict  ran: 

We,  the  undersigned,  a  jury  appointed  to  make  inquiries  ac- 
cording to  law  as  to  how  the  body  viewed  by  us  came  to  his 
death,  state  as  our  verdict  from  the  evidence: 

1.  That  the  body  is  that  of  Patrick  H.  Cronin,  known  as 
Dr.  Cronin. 

2.  That  his  death  was  not  from  natural  causes,  but  from 
violent  means. 

3.  That  said  Dr.  Cronin  was  decoyed  from  his  home  on 
North  Clark  Street  on  the  evening  of  May  4,  1889,  by  some  per- 
son or  persons  to  t!ie  cottage  known  as  the  "  Carlson  cottage," 
situated  at  1872  North  Ashland  Avenue,  in  Lake  View,  in  Cook 
County,  111. 

4.  That  at  said  cottage  said  Cronin  was  murdered  by  being 
beaten  on  the  head  wiih  some  blunt  instrument  or  instruments  in 
the  hands  of  some  person  or  persons  to  us  unknown,  on  the  night 
of  said  May  4  or  between  May  4  and  May  5,  1889. 

5.  That  the  bod}^  after  said  murder  was  committed  was 
placed  in  a  trunk  and  carried  to  Edgewater  on  a  wagon  by  several 
persons  and  by  them  placed  in  a  catch-basin  at  the  corner  of 
Evanston  Avenue  and  Fifty-ninth  Place,  Lake  View,  where  it 
was  discovered  May  22,  1889. 

6.  That  the  evidence  shows  conclusively  to  all  minds  that  a 
plot  or  conspiracy  was  formed  by  a  number  of  persons  for  the 
purpose  of  murdering  the  said  Cronin  and  concealing  his  body. 
Said  plot  or  conspiracy  was  deliberately  contrived  and  cruelly 
executed. 

7.  We  have  carefully  inquired  into  the  relations  sustained 
by  said  Cronin  to  other  persons  while  alive  to  ascertain  if  he  had 


236  MURDER   WILL   OUT. 

any  quarrels  or  enmities  with  any  persons  sufficient  to  cause  his 
murder. 

8.  It  is  our  judgment  that  no  other  person  or  persons  except 
some  of  those  who  are  or  had  been  members  of  a  certain  secret 
society  known  as  the  *'  United  Brotherhood"  or  '•  Clan-na-Gael" 
had  any  cause  to  be  instigators  or  executors  of  such  plot  or  con- 
spiracy to  murder  said  Cronin. 

9.  Many  of  the  witnesses  testifying  in  this  case  have  done 
so  with  much  evident  unwillingness,  and  we  believe  with  much 
mental  reservation. 

We  find  from  the  evidence  that  a  number  of  persons  were 
parties  to  the  plot  and  conspiracy  to  murder  the  said  Cronin,  and 
that  Daniel  Coughlin,  Patrick  O'Sullivan,  Alexander  Sullivan, 
and  one  Woodruff,  alias  Black,  were  either  principals,  accesso- 
ries, or  had  guilty  knowledge  of  said  plot  and  conspiracy  to 
murder  said  Cronin  and  conceal  his  body,  and  should  be  held  to 
answer  to  the  grand  jury. 

We  also  believe  that  other  persons  were  engaged  in  this  plot, 
or  had  guilty  knowledge  of  it,  and  should  be  apprehended  and 
held  to  the  grand  jury. 

We  further  state  that  this  plot  or  conspiracy  in  its  concep- 
tion and  execution  is  one  of  the  most  foul  and  brutal  that  has 
ever  come  to  our  knowledge,  and  we  recommend  that  the  proper 
authorities  offer  a  large  reward  for  the  discovery  and  apprehen- 
sion of  all  of  those  engaged  in  it  in  any  way. 

We  further  state  that,  in  our  judgment,  all  secret  societies 
whose  objects  are  such  as  the  evidence  shows  that  of  the  ''  Clan- 
na-Gael"  or  ''  United  Brotherhood"  to  be  are  are  not  in  harmony 
with  and  are  injurious  to  American  institutions. 

We  hope  that  future  vigor  and  vigilance  by  the  police  force 
will  more  than  compensate  for  past  neglect  by  a  portion  of  the 
force  in  this  case. 

R.  S.  Critchell.  Victor  U.  Sutter. 

Rudolph  Seifert.  John  H.  Vanhousen. 

H.  A.  Haugan.  Justus  Killian. 

A  mittimus  was  made  out  for  Mr.  Sullivan's  arrest,  and  he 
was  late  that  night  taken  from  his  house  at  378  Oak  Street  and 
lodged  in  the  Cook  County  Jail. 

Curiously  enough  the  same  papers  which  contain  the  account 


MURDER   WILL   OUT.  237 

of  his  arrest  contain  also  the  details  of  his  exoneration  from  the 
charges  Dr.  Cronin  had  brought  against  him.     The  formal  report 
of  the  investigation  committee  was  as  follows : 
"  To  the  U.  -S.,  New  York,  January  16: 

"  The  undersigned,  of  your  committee,  appointed  by  the  joint 
convention  of  the  U.  B.  and  I.  N.  B.  held  in  Chicago  in  June,  1888, 
would  respectfully  submit  the  following  as  his  report : 

"That  said  committee  was  many  days  in  session  and  gave  pa- 
tient and  full  hearing  to  the  prosecution  and  to  the  accused,  the 
evidence  taken  upon  either  side  being  voluminous.  That  by  a 
vote  of  4  to  2  of  said  committee  Alexander  Sullivan  is  acquitted 
of  all  charges  presented  against  him,  and  the  undersigned  for  him- 
self has  no  hesitancy  in  reporting  that  no  evidence  whatever  was 
introduced  tending  to  connect  said  Sullivan  with  any  act,  even 
incorrect  or  negligent,  to  say  nothing  of  the  acts  charged  against 
him.  And  on  the  contrary  the  testimony  adduced  fully  convinced 
the  undersigned  of  the  manhood,  honor,  integrity  and  patriotism 
of  Alexander  Sullivan. 

"That  by  a  vote  of  4  to  2  D.  C.  Feeley  is  likewise  acquitted 
of  all  charges,  and  the  undersigned  for  himself  finds  there  was  no 
evidence  against  said  Feeley  to  sustain  the  charges  preferred, 
whether  of  misappropriation  of  funds,  neglect  of  patriots  and 
their  families  or  otherwise,  and  that  said  Feeley  has  been  an  honest 
and  patriotic  officer  of  our  order. 

"  That  your  committee  find  unanimously  that  the  family  of 
Captain  Lomasney  was  sorely  neglected  and  left  destitute,  and  the 
undersigned  finds  that  said  neglect  was  culpable  and  deserving  of 
severe  condemnation.  That  while  there  was  proof  that  funds  had 
been  provided  for  said  family  by  Mr.  Boland,  who  then  had  sole 
charge  of  all  matters  of  the  executive,  either  through  the  dis- 
honesty of  said  Boland's  agents  or  the  fault  of  the  system  then  in 
use  by  the  executive,  the  funds  did  not  reach  said  family ;  that  in 
the  judgment  of  the  undersigned  the  system  of  conveying  funds  in 
such  cases  must  be  improved  and  a  method  adopted  by  which  the 
responsibility  of  such  neglect  in  the  future  can  be  fixed  for  an 
absolute  certainty  upon  the  executive  or  their  agents. 

"  Your  committee  finds  unanimously  tliat  C.  H.  McCarthy 
was  properly  reinstated  in  the  order  by  said  joint  convention, 
and  your  committee  find  him  a  man  of  honor  and  patriotism  who 
is  fully  entitled  to  the  esteem  and  confidence  of  his  countrymen. 


238  MURDER   WILL   OUT. 

"  The  undersigned  further  finds  that  large  sums  of  money 
were  expended  which  brought  no  fruit  and  might  therefore  be 
termed  injudicious  outlay.  Yet  there  was  no  evidence  of  the 
conversion  of  said  funds  by  any  one  of  the  gentlemen  against 
whom  charges  are  preferred,  and  any  waste  there  was  occurred 
by  reason  of  the  hazardous  enterprises  in  which  the  money  was 
sought  to  be  expended. 

''  That  by  a  vote  of  4  to  2  each  and  every  specification  and 
charge  was  dismissed  the  same  as  hereinbefore  stated,  and  the  un- 
dersigned finds  that  there  was  no  evidence  on  which  to  base  a  con- 
trary conclusion.  The  undersigned  deems  it  imprudent  at  this 
time  to  enlarge  further  or  set  forth  evidence,  for  reasons  familiar 
to  the  members  of  the  order.     Respectfully  submitted. 

"J.  D.  McMahon,  Chairman,  30 D.  530." 

Two  reports  of  the  same  tenor  were  also  made  and  signed  by 
Secretary  O'Boyle,  of  Wilkesbarre,  and  R.  B.  Rogers,  of  the  com- 
mittee.    The  first  was  also  agreed  to  by  C.  F.  Byrnes. 

With  the  finding  of  the  Coroner's  jury  the  press,  as  a  unit, 
agreed.  It  was  generally  conceded  that  the  conspiracy  which  led 
to  Cronin's  death  had  been  smashed;  and  the  Anglomaniacs  in  the 
editorial  rooms  and  elsewhere  were  especially  delighted  with  that 
part  of  the  verdict  which  declared  the  Clan-na-Gael  to  be  not  in 
harmony  with  American  institutions. 


Chaptee  VI. 

Sullivan  Gives  $20,000  Bail— A  Special  Grand  Jury — Windes' 
Testimony — Martin  Burke  taken  in  Winnipeg — How  He  was 
Found — Some  Secret  History — A  Warning  from  Michigan 
— John  F.  Beggs  in  Jail — His  Curious  History — A  Man  of 
Odd  Adventures — His  Record — Why  He  Joined  the  Clan- 
na-Gael — Indictments  against  Beggs,  Coughlin,  O'Sullivan, 
Burke,  Cooney,  Woodruff  and  John  Kunze — Sketches  of  the 
Suspects. 

S  soon  as  Alexander  Sullivan  was  incarcerated  legal  pro- 
ceedings looking  to  his  release  were  begun,  and  as  soon 
as  Judge  Tuley  could  review  the  evidence  in  the  case 
the  prisoner  was  released  on  bail.  Judge  Tuley's  opin- 
ion on  the  habeas  corpus  is  so  clear  and  so  thorough,  giving  a 
review  of  the  insufficiency  of  the  case  against  Sullivan,  and  so 
fair  a  statement  of  the  reasons  why  suspicion  has  been  directed 
against  him,  that  I  have  quoted  from  it  rather  fully.  Says  Judge 
Tuleyj  ' 

/^  "I  find  something  near  one  thousand  one  hundred  type- 
/"^written  pages  of  evidence  taken  before  the  Coroner's  jury.  I 
was  obliged  to  read  that  entire  evidence.  Not  that  much  of  it, 
or,  indeed,  very  little  of  it  appears  to  relate  to  the  defendant, 
Sullivan,  but  for  the  purpose  of  determining  whether  this  murder, 
from  the  evidence,  was  a  murder  committed  in  pursuance  of  a 
plot  or  a  conspiracy.  There  was  much  evidence  taken  by  the 
Coroner's  jury  that  was  irrelevant — that  would  not  be  admissible 
upon  a  hearing  before  a  committing  magistrate  or  a  trial  before  a 
petit  jury.  I  have  no  criticism  to  make  upon  the  action  of  the 
Coroner's  jury.  It  is  not  expected  that  in  an  investigation  by 
the  Coroner  he  will  be  ruled  by  the  strict  rules  of  evidence.  In 
fact,  it  is  his  duty  to  receive  even  hearsay  evidence  if  it  will  tend 
to  put  him  upon  the  track  of  the  real  evidence  which  may  be 
obtained  in  the  case.  And  it  is  clear  that  it  was  from  this  hearsay 
evidence  in  this  case  that  the  Coroner's  jury  obtained  the  im- 

(239) 


240  MURDER  WILL   OtJT. 

pression  or  suspicion  ultimately  that  a  conspiracy  had  been  formed 
to  murder  Dr.  Cronin.  The  question  here  is  as  to  how  far  that 
evidence  affects  the  respondent,  Sullivan.  That  is  to  say,  how 
far  he  would  be  affected  by  the  legal  evidence  that  would  be 
admissible  in  a  court  of  law,  that  would  be  admissible  upon  a 
hearing  before  a  committing  magistrate  or  a  trial  before  a  petit 
jury. 

''There  are  a  number  of  persons  who  testified  to  the  declara- 
tions of  the  deceased,  to  remarks  and  statements  that  he  made  in 
connection  with  the  respondent  Sullivan.  Mrs.  Conklin,  with 
whom  he  had  lived  for  several  years,  testified  to  the  fact  that  for 
three  years  Dr.  Cronin  said  his  life  was  in  danger,  and  among 
other  persons  whom  he  mentioned  as  those  who  had  injured  him 
was  the  respondent  Sullivan.  F.  T.  Scanlan  testified  substantially 
to  the  same  thing,  that  he  spoke  to  him  in  connection  with  the 
statement  that  his  life  was  in  danger,  and  said  that  Sullivan  would 
be  glad  to  get  him  out  of  the  way,  as  he  (Cronin)  had  something 
that  he  could  prove  against  Sullivan.  Mr.  Conklin  testified  to 
the  fact  that  Cronin  believed  his  life  was  in  danger  from  Sullivan 
— not  from  Sullivan  personally  or  directly,  but  that  Sullivan 
would  instigate  the  killing  of  him  (Cronin).  And  Mr.  Bary 
testified  substantially  to  the  same  thing,  that  Cronin  stated  that 
there  were  a  number  of  men  bribed  to  assassinate  him,  and  that 
back  of  all  he  believed  the  respondent  Sullivan  was  the  instigator. 
Mr.  Morris  testified  to  substantially  the  same  thing.  Another 
witness.  Burns,  testified  that  Cronin  said  he  was  in  fear  of  two 
rascals,  one  Boland  and  the  other  Sullivan ;  also  that  Dr.  Cronin 
said  that  not  only  Sullivan  but  a  man  by  the  name  of  Buckley 
was  trying  to  get  him  out  of  the  way.  Mr.  O'Connor  testified 
that  Cronin  said  that  the  exposures  he  had  made  rendered  him 
afraid  of  his  life.  Mr.  Ives  testified  to  a  very  singular  statement 
of  Cronin  in  regard  to  some  examination  before  a  justice  or 
notary,  in  which  Cronin  was  cross-examined  with  great  particu- 
larity by  some  attorney,  and  which  he  thought  was  part  of  a  plot 
to  ruin  his  character,  and  that  Sullivan  was  back  of  that  plot. 
None  of  the  parties  directly  implicated  there  have  been  called  to 
show  whether  Sullivan  was  back  of  it  or  not.  I  only  cite  this  as 
showing  that  he  was  not  only  in  fear  of  his  life  particularly  from 
Sullivan,  but  also  from  others.  Mr.  Dillon  testified  that  Cronin 
said  that  Sullivan  would  be  the  cause  of  his  death.  He  says 
Cronin  talked  about  it  so  much  that  he  thought  he  had  Alexander 


MURDER  WILL   OUT.  241 

Sullivan  on  the  brain.  Mr.  Moore  testified  that  Cronin  believed 
there  was  a  conspiracy  to  put  him  out  of  the  way. 

"  Mr.  Haggerty's  evidence  is  probably  the  most  important  in 
connection  with  the  respondent  Sullivan.  And  the  statements  he 
testified  to  were  made  about  the  time  of  the  trial  of  Dr.  Cronin  in 
1885.  Cronin  was  tried  for  treason  by  a  committee  of  six. 
Before  that  committee  the  respondent  Sullivan  was  the  prosecutor. 
At  that  time  there  had  been  a  circular  sent  out  by  the  organiza- 
tion stating  that  several  hundred  British  detectives  had  left  Scot- 
land Yard  for  the  purpose  of  finding  out  the  secrets  of  the  Irish 
revolutionists  in  this  country;  and  all  the  members  were  on  the 
qui  Vive  as  to  information  of  possible  traitors  in  the  societies. 
At  the  time  ©f  this  trial  it  appears  that  Sullivan  used  the  expres- 
sion that  Cronin  was  a  dangerous  man  to  the  society.  And  upon 
being  asked  whether  he  said  anything  to  him  (Haggerty)  which 
tended  to  show  that  he  had  an  idea  that  Dr.  Cronin's  life  ought 
to  be  taken,  the  witness  answered:  'That  was  my  impression;  that 
was  the  view  I  took  of  the  conversation.'  Then  he  was  asked 
whether  Sullivan  used  the  words,  'Cronin  ought  to  be  removed.' 
He  said:  'Not  those  words  exactly,  but  that  was  my  impression 
at  the  time.' 

"  That,  I  believe,  is  substantially  the  only  evidence  which 
tends  to  show  that  Sullivan  made  a  threat  or  suggestion  that 
Dr.  Cronin's  life  ought  to  be  taken.  If  we  reject  the  declarations 
or  statements  of  the  deceased,  Cronin,  as  to  threats  that  had  been 
made  against  him  by  Sullivan,  as  to  the  fears  that  had  been  ex- 
cited in  his  mind  of  his  life  by  reason  of  Sullivan  or  at  Sullivan's 
instigation,  there  is  practically  no  evidence  bearing  directly  upon 
the  respondent  Sullivan,  except  the  testimony  of  the  witness 
Haggerty,  as  to  these  threats  which  he  states  Sullivan  made  in 
1885.  I  know  of  no  rule  of  law  which  will  admit  the  declara- 
tions of  Cronin  made  out  of  the  presence  of  Sullivan.  Before 
any  committing  magistrate  or  jury  all  that  evidence  would  nec- 
essarily be  excluded. 

"  That  Sullivan  was  prominent  in  a  faction  of  what  was 
called  the  Clan-na-Gael  or  United  Brotherhood  association  is 
beyond  question  from  the  evidence;  that  there  was  a  disruption 
or  breach  in  that  organization  caused  by  Cronin  and  others  en- 
deavoring to  investigate  certain  actions  of  Sullivan,  Boland  and 
Feeley,  who  composed  the  Triangle,  is  also  shown.  That  a  num- 
ber of  camps  were  expelled  and  that  Cronin  himself  was  expelled 


242 


MURDER   WILL   OUT. 


because  of  an  attempt  to  pursue  these  investigations,  is  also 
shown,  and  he  was  expelled  by  a  committee  before  whom  the  re- 
spondent, Sullivan,  prosecuted.  It  is  also  in  evidence  that 
Cronin,  after  the  two  branches  of  the  organization  came  together 
and  charges  were  preferred  against  Sullivan,  Boland  and  Feeley, 
sat  upon  the  jury  or  committee  that  tried  Sullivan  and  the  other 
two  upon  those  charges.  From  what  took  place  before  that  com- 
mittee, and  from  the  other  evidence  in  the  case,  it  seems  to  be  a 
conceded  fact  that  Sullivan  considered  Cronin  his  bitter  enemy; 
that  he  believed  he  was  trying  to  injure  him  is  beyond  question. 


Daniel  Coughlin. 

And,  as  I  have  said,  the  fact  is  patent  that  Cronin  considered 
Sullivan  his  most  bitter  enemy  and  one  who  was  seeking  his  life. 
Cronin  is  murdered  in  pursuance  of  a  plot  or  conspiracy.  Now, 
what  was  the  nature  of  that  conspiracy  from  this  evidence  ? 
"  The  evidence  may  be  said  to  tend  to  show  : 
"  1.  That  he  was  murdered  by  personal  enemies  for  revenge, 
growing  out  of  matters  connected  with  this  United  Brotherhood 


MURDER   WILL  OUT.  243 

association.  If  this  was  a  conspiracy  merely  of  personal  enemies, 
the  question  occurs:  What  connection  had,  or  does  the  proof 
show  that  respondent  Sullivan  had,  with  those  personal  enemies, 
or  the  conspiracy  which  they  formed  to  murder  Cronin  ?  The 
three  parties  who  are  held  by  the  Coroner's  jury  in  connection 
with  him  —  the  parties  whom  the  evidence  may  be  said  to  tend 
to  show  as  connected  with  the  murder  of  Cronin  directly  or  indi- 
rectly, are  none  of  them  proven  to  have  been  in  particular  social, 
business  or  other  relations  with  the  respondent  Sullivan.  There 
is  no  act  of  his  traced  home  to  any  of  the  acts  disclosed  by  this 
testimony.  He  is  not  shown  to  have  been  connected  in  any  way 
with  the  obtaining  of  the  horse  or  buggy  with  which  Cronin  was 
decoyed  away.  He  is  not  shown  to  be  connected  in  any  way 
with  any  of  the  parties  held  with  him  (Sullivan)  to  have  been 
connected  in  any  way  with  the  renting  of  the  Carlson  cottage  or 
with  the  parties  who  occupied  it.  The  evidence  would  be  just  as 
complete  as  to  the  other  three  defendants  if  all  testimony  in  this 
record  as  to  Sullivan  were  obliterated. 

"  2.  The  second  theory  may  be  said  to  be  that  he  was  mur- 
dered to  ]3revent  exposure  as  to  the  doings  of  the  so-called  Tri- 
angle. I  have  considered  that  theory  thoroughly  and  it  appears 
to  me  a  very  unreasonable  one.  It  does  not  appear  that  the  de- 
ceased (Cronin)  was  in  possession,  as  a  matter  of  personal  knowl- 
edge, of  any  facts  which  would  die  with  him.  So,  the  object  of 
removing  his  testimony  could  not  be  said  to  be  very  apparent. 
All  the  testimony  which  it  appears  that  Cronin  had  would  exist 
the  same  after  he  was  taken  away.  The  testimony  before  the 
committee  of  six  that  tried  Sullivan,  Boland  and  Feeley,  was 
taken  not  only  by  Cronin,  but  by  the  secretary  and  Dr.  McCahey, 
of  Philadelphia,  and  it  does  not  appear  that  any  particular  object 
in  suppressing  evidence  could  be  attained  by  the  killing  of 
Cronin. 

"  Another  theory  as  to  this  conspiracy  is  this  :  That  it  was 
perpetrated  by  reason  of  some  order,  regulation  or  proceeding  of 
the  United  Brotherhood  association.  The  Coroner's  jury  made 
great  efforts  to  ascertain  whether  anything  in  the  nature  of  a 
camp  proceeding  or  an  act  on  the  part  of  the  organization  as  such 
was  had  in  regard  to  the  murder  of  Cronin.  There  is  no  evi- 
dence produced  showing  any  act  of  the  organization  or  any  camp 
as  such  for  his  removal. 

"  There  is  still  another  theory  :     That  he  was  removed  by 


244  MURDER   WILL   OUT. 

members  of  that  organization  who  were  overzealous  in  the  cause 
of  their  country,  for  the  reason  that  they  believed  or  had  been 
made  to  believe  that  he  was  a  British  spy  —  that  they  acted 
upon  their  own  motive  and  without  direction  from  the  officers 
of  any  camp  of  the  organization.  As  to  the  act  of  the 
organization  of  the  United  Brotherhood,  it  is  shown  in  the 
evidence  that  Sullivan,  about  four  years  ago  —  or  two  years 
ago,  as  others  stated  —  resigned  and  quit  all  connection  witli 
the  organization.  So  that,  if  this  man  was  murdered  in  pur- 
suance of  the  direction  of  any  camp  or  organization,  it  is  not 
seen  how  Sullivan  could  influence  the  action  of  such  organization, 
he  not  being  a  member.  If  it  were  an  act  of  an  organization,  it 
can  be  said  that  he  was  not  a  member.  Nor  is  it  shown  in  the 
evidence  that  Sullivan  ever  met  with  any  other  conspirators — that 
there  was  any  common  plan  to  be  pursued  by  them,  or  that  they 
had  any  relations,  business,  social,  or  otherwise,  with  Coughlin, 
O'Sullivan,  or  that  other  person.  Woodruff,  or  that  he  had  any 
particular  social  relations  or  friendship  with  any  other  person 
whom  the  evidence  points  out  as  being  subject  to  the  suspicion 
of  knowing  anything  with  regard  to  this  conspiracy, 

''  I  think  that  the  Coroner's  jury  in  bringing  in  their  recom- 
mendation, or  in  bringing  in  their  finding,  that  Sullivan  either 
was  an  accessory  or  had  guilty  knowledge  of  the  murder,  were 
largely  influenced  by  hearsay  evidence.  There  can  be  no  doubt, 
from  this  testimony,  that  suspicion  points  strongly  toward  the  re- 
spondent; and,  strange  to  say,  one  of  the  strongest  evidences  of 
his  intense  hatred  of  the  deceased  appears  to  have  been  furnished 
by  Sullivan  himself  since  the  murder  of  Cronin.  At  the  time  of 
Sullivan's  trial  in  1888,  at  Buffalo,  Dr.  Cronin  was  one  of  the 
jury  or  committee  of  six.  Sullivan  remonstrated  or  protested 
against  his  serving  as  such;  and  when  the  committee  met  on  the 
5th  day  of  May  to  consider  their  report,  they  received  for  the 
first  time  a  communication  or  protest  from  Sullivan,  in  which  he 
charged  not  only  that  Cronin  was  an  enemy  of  his,  but  that  he  was 
a  perjurer  and  scoundrel,  and  went  into  some  specific  charges  in 
detail. 

"  It  is  certainly  a  protest  or  a  document  which  shows,  as  I  said, 
a  most  bitter  and  malignant  hatred  of  Cronin,  although  it  may 
be  said  that  the  fact  that  this  document  was  not  made  public  until 
two  or  three  weeks  after  the  killing  of  Cronin  might  be  urged  as  a 
reason  why  Sullivan  was  not  engaged  in  that  conspiracy  to  kill 


MURDER  WILL   OUT. 


245 


Cronin.  As  a  sensible,  reasoning  man,  he  must  have  known,  if 
he  was  engaged  in  it,  the  bad  effect  such  a  protest  would  have 
upon  himself  and  his  connection  with  the  charge.  It  seems 
almost  impossible  to  think  that,  if  he  was  and  knew  that  he  was  a 
party  to  this  conspiracy,  he  could  ever  have  promulgated  that 
protest  two  weeks  after  Dr.  Cronin  was  murdered. 

"  The  evidence  points  to  Sullivan  as  a  person  who  in  con- 
nection with  Dr.  Cronin  might  have  a  revenge  to  gratify,  but 
fails  to  show  any  direct  threat  or  any  overt  act  toward  the  grati- 


Patrick  O'Sullivan. 

fication  of  that  revenge,  or  any  connection  with  any  act  shown 
by  the  evidence  to  have  been  committed  in  connection  with  the 
murder.  But  the  Coroner's  jury  evidently  knew  this  fact,  and  it 
is  apparent  from  their  verdict  that  they  had  not  got  to  the  bot- 
tom of  this  conspiracy.  There  is  no  doubt  but  that  tliey  un- 
doubtedly believed  that  Alexander  Sullivan  was  connected  with 
this  conspiracy — and,  as  I  said,  largely  upon  hearsay  evidence. 


246  MURDER   WILL   OUT. 

Nor  do  I  say  that  they  failed  in  their  duty  in  recommending  that 
he  be  held  to  answer  this  charge.  They  did  not,  however,  rec- 
ommend that  he  be  held  without  bail,  a  very  common  and  usual 
form  of  verdict  where  the  proof  is  evident  or  the  presumption 
great.  It  is  the  duty  of  the  Coroner's  jury  to  require  that  every 
one  be  held  against  whom  there  is  any  proof  in  connection  with 
a  crime  or  offense,  and  I  think  it  also  their  duty,  where  the  evi- 
dence is  clear  or  the  presumption  of  guilt  great,  to  recommend 
that  they  be  held  without  bail. 

"  But  upon  a  careful  reading  of  this  testimony,  and  striking 
out  from  this  testimony  all  but  the  legal  evidence,  I  cannot,  and  I 
think  no  impartial  man  can,  make  up  my  mind  it  would  be  possible 
for  any  jury  to  convict  the  respondent,  Sullivan,  upon  that  evi- 
dence alone.  That  is  one  of  the  tests  as  to  whether  the  party  is 
entitled  to  bail  or  not.  The  mere  fact  that  a  party  is  an  enemy  of 
another  person  who  gets  killed  is  no  proof  of  his  having  killed, 
aided,  or  abetted,  or  having  been  engaged  in  a  conspiracy  to  kill 
that  person.  The  Coroner's  jury  do  not  determine  guilt  any 
more  than  this  court  does  upon  this  investigation.  The  Coroner's 
Jury  knew  that  they  had  not  got  at  anything  near  the  bottom  of 
this  conspiracy,  or  the  facts  connected  with  it.  They  expected 
that  new  facts  would  develop,  and  they  will  develop  beyond  a 
doubt.  But  you  cannot  deprive  a  man  of  his  libert}^,  if  he  is  en- 
titled to  it  under  the  law  or  Constitution,  on  the  ground  that  more 
evidence  may  be  produced  to  show  him  guilty.  The  evidence,  as 
it  is  presented  to  the  court  or  committing  magistrate,  is  the  sole 
test  for  the  exercise  of  the  judgment  of  the  official. 

"  In  conclusion  I  say,  after  mature  consideration  and  after 
some  hesitation,  and  very  considerable  hesitation — but  in  a  case 
of  this  kind  a  hesitation  should  always  be  resolved  in  favor  of 
human  liberty — I  have  come  to  the  conclusion  that  this  defend- 
ant should  be  entitled  to  bail.  I  think  the  bail,  though,  should  be 
of  such  a  character  as  to  positively  assure  his  appearance.'* 

Mr.  A.  S.  Trude,  who  represented  Mr.  Sullivan,  and  Mr. 
Longenecker,  who  represented  the  State,  agreed  upon  a  bail  bond  of 
$20,000,  which  was  at  once  tendered  by  the  prisoner,  who  offered 
as  bondsmen  Michael  W.  Kerwin  of  332  Dearborn  Avenue,  James 
W.  Tuohy  of  46  Loomis  Street,  Daniel  Corkery  of  2625  Hanover 
Street,  and  Fernando  Jones  of  1834  Prairie  Avenue.     Mr.  Jones 


MURDER  WILL   OUT. 


247 


Would  not  swear,  so  he  affirmed  that  he  is  worth  over  $20,000.  His 
fortune  is,  of  course,  known  to.be  over  a  million.  Mr.  Kerwin  said 
he  was  worth  $100,000  in  real  estate.  Mr.  Corkery  said  he  owned 
a  like  amount  of  real  estate.  Mr.  Tuoliy  fixed  his  real  estate  at 
$175,000.     They  were,  of  course,  accepted  as  bondsmen. 

The  special  grand  jury  was  working  hard  upon  the  case, 
and  special  interest  was  attracted  to  their  doings  because  it  was 
known  that  they  had  examined  Thomas  G.  Windes,  Alexander 


Martin  Burke. 

Sullivan's  partner,  and  other  men  who  were  close  to  the  principal 

suspect. 
^\  All  of  this  was  forgotten  practically,  however,  when,  on  June 

^\l6th,  the  following  dispatch  was  bulletined  in  Chicago: 
S  "Winnipeg,  Man.,  June  1 6. — To-night  Chief  of  Police  McRae 

arrested  Martin  Burke,  alias  Delaney,  wanted  for  complicity  in 

the  Cronin  murder.     He  was  boarding  an  eastern  express  and  had 


248  MURDER   WILL   OtlT. 

a  ticket  for  Liverpool,  and  Supt.  Hubbard,  who  was  communi- 
cated with,  notified  the  local  authorities  to  hold  Burke  at  all  haz- 
ards." 

Many  declined  to  believe  it.  It  was  thought  Burke  had  got 
clear  away,  to  Europe,  and  no  one  could  conceive  of  why  he 
should  have  gone  to  Winnipeg.  Confirmation  followed  rapidly 
upon  the  original  report,  and  before  twenty-four  hours  had  passed 
it  was  certain  that  one  of  the  most  eagerly  sought  of  the  men  ac- 
cused of  the  murder  was  in  the  hands  of  the  authorities. 

Among  the  theories  that  were  evolved  among  the  Irishmen 
intent  upon  hunting  down  and  bringing  to  justice  the  slayers 
of  Dr.  Cronin  was  that  probably  among  the  group  of  patriots 
who  surrounded  the  monument  of  Tim  Crean,  on  the  occasion  of 
its  dedication  in  Mount  Olivet  Cemetery,  some  face  could  be  rec- 
ognized as  that  of  one  of  Cronin's  murderers. 

Patrick  McGarry,  the  same  man  who  hunted  down  and  ex- 
posed the  Canadian  fraud, Charley  Long,  had  suggested,  about  four 
weeks  before,  that  somebody  might  be  identified  from  the  photo- 
graph 

A  large  group  had  been  taken  by  the  photographer,  and  chief 
among  them  were  Father  Dorney,  Dennis  O'Connor,  Larry  Buck- 
ley, Tom  Murphy  and  Daniel  Corkery.  Burke  was  in  the  first 
row  of  the  group,  but  all  the  pictures  were  indistinct,  and  none  of 
the  features  could  be  identified  by  the  naked  eye.  A  microscope 
was  called  into  requisition,  and  on  the  first  examination  old 
man  Carlson  identified  Burke's  picture  as  that  of  the  man  who 
rented  his  cottage  previous  to  the  murder.  The  same  picture  was 
submitted  to  Mr.  Hatfield,  the  salesman  at  A.  H.  Revell  &  Co.'s, 
and  by  the  aid  of  the  magnifying  glass  he  too  recognized  and 
pointed  out  from  the  group  the  face  of  Burke  as  that  of  the  man 
who  purchased  the  furniture  of  the  South  Clark  Street  flat  at  his 
employer's  premises  and  had  them  dispatched  from  the  furniture 
store  to  the  fiat.  Hakon  Mortensen  was  the  last  man  to  be  seen. 
Mortensen  was  the  expressman  who  hauled  the  furniture  from  117 


MURDER   WILL   OUT.  249 

South  Clark  Street  to  the  Carlson  cottage,  where  Cronin  was  mur- 
dered. Mortensen  is  a  simple,  straightforward  Swede,  and  prob- 
ably in  all  his  life  he  had  never  seen  a  microscope  until  one  was 
shown  him  by  the  Chief  of  Police.  He  was  told  to  look  through 
it  and  see  if  he  could  identify  from  the  group  the  face  of  any 
one  he  knew.  He  immediately  pointed  to  Burke's  face  and  said 
it  was  that  of  the  man  who  had  employed  him  to  haul  the  furni- 
ture from  the  Clark  Street  fla*:. 

None  of  the  men  who  identified  Burke's  photograph  were 
given  the  slightest  idea  as  to  the  man  whose  identity  was  in  ques- 
tion, but  they  all  without  the  slightest  hesitancy  pointed  to 
Burke  as  the  man  implicated. 

Thus  it  will  be  seen  that  the  man  was  thoroughly  well  known, 
if  he  could  be  found,  and  found  he  was. 

Just  how  the  Winnipeg  Chief  of  Police  McRae  hit  upon  the 
fugitive  is  a  mooted  point  even  at  this  writing,  but  the  accepted 
theory  is  that  Burke  went  from  Chicago  first  to  Joliet,  and  then 
to  a  town  in  the  north  peninsula  of  Michigan,  where  he  had  a 
trusted  friend.  With  this  man  he  stayed  for  some  time,  leaving 
at  last  for  Winnipeg,  purposing  to  make  his  way  to  the  old  country 
in  this  roundabout  fashion.  Somebody  who  had  learned  his 
plans  telegraphed  from  Hancock,  Mich.,  to  Chief  McRae,  expos- 
ing them,  and  Burke's  capture  was  then  an  easy  affair. 

On  the  Friday  preceding  his  arrest  Chief  McRae  notified 
Chief  Hossack  of  the  Canadian  Pacific  detective  force  that  he  was 
looking  for  a  man  who  was  expected  to  arrive  in  the  city.  He 
gave  Hossack  a  description  of  the  man,  and  told  him  that  if  he 
bought  a  ticket  at  the  Canadian  Pacific  ticket  office  at  the  station, 
he  was  to  notify  him.  On  Saturday  afternoon  a  man  answering 
the  description  asked  the  price  of  a  ticket  to  Liverpool  at  the 
wicket.  He  gave  his  name  as  W.  J.  Cooper.  Chief  Hossack  noti- 
fied him,  and  notified  his  constables  that  if  that  man  attempted  to 
board  the  train,  he  was  to  be  detained  and  McRae  notified  alj 
once. 


250 


MURDER   WILL   OUT. 


Cooper  on  Saturday  did  not  buy  his  ticket.  He  merely  in- 
quired the  price,  and  Sunday  afternoon  he  presented  himself  at 
the  station  and  purchased  the  ticket.  Officer  Sherwood,  of  the 
Canadian  Pacific  Railroad,  telephoned  Chief  McRae,  telling  him 
the  individual  he  wanted  was  preparing  to  skip  the  town.  Imme- 
diately after  buying  the  ticket,  Burke,  for  it  was  he,  disappeared, 
but  McRae,  upon  arriving,  found  him  hiding  behind  the  station. 


John  F.  Beggs. 

His  arrest  when  he  boarded  the  train  followed,  as  already  fully 
told. 

In  the  meantime,  the  grand  jury  working  in  Chicago  had,  as 
it  believed,  broken  down  the  main  part  of  the  conspiracy  and 
found  the  conspirators,  the  name  of  John  F.  Beggs,  a  well  known 
and  prominent  attorney,  being  added  to  the  list  of  those  already 


MURDER   WILL   OUT.  251 

charged  with  the  crime.  Beggs  was  arrested.  His  career  was  a 
curious  one,  including,  it  is  said,  an  experience  within  the  walls 
of  a  penitentiary.  He  joined  the  Clan-na-Gael,  upon  coming  to 
Chicago,  for  reasons,  as  his  enemies  allege,  rather  personal  than 
patriotic.  However  this  may  be,  his  subsequent  conduct  on  the 
trial  of  the  prisoners  was  not  calculated  to  give  the  unprejudiced 
observer  a  high  opinion  of  his  generosity  or  his  fairness.  In  the 
management  of  his  right  to  challenge  talesmen,  he  played  a  lone 
hand,  and  conducted  his  case  with  an  eye  single  to  his  own  jeop- 
ardy— as,  of  course,  he  had  a  perfect  right  to  do.  Granting  his 
innocence  and  his  ignorance  of  any  conspiracy,  he  was  certainly 
entitled  to  take  advantage  of  any  point  which  might  be  used  in 
his  favor;  at  the  same  time,  however,  popular  sympathy  would 
have  been  more  thoroughly  with  him,  if  he  had  not  stood  so 
strictly  on  his  legal  rights  as  against  his  alleged  accomplices. 

After  his  arrest  he  was  held  at  the  Harrison  Street  Station 
until  the  indictments  were  returned,  when  he  was  brought  to  the 
jail. 

Here  is  the  manner  in  which  he  heard  the  news  of  his  indict- 
ment: 

John  F.  Beggs  sat  tipped  back  in  a  chair  in  his  cell  at  the 
Armory  Police  Station  at  six  o'clock  last  evening.  He  was  smok- 
ing a  cigar  with  evident  enjoyment  and  reading  an  evening  paper 
when  a  reporter  saw  him. 

"  'You  have  been  indicted  by  the  grand  jury,'  was  the  intro- 
ductory information  conveyed  to  Beggs.  •  The  ex-Senior  of  Camp 
20  blew  a  cloud  of  smoke  across  his  cell,  and  in  a  politely  inter- 
rogative, but  utterly  nonchalant  way  answered,  '  Indeed  ?' 

"A  brief  pause,  and  then  he  inquired :  '  Has  the  grand  jury 
adjourned .?' 

"  'Yes.  The  jury  returned  the  indictments  about  five  o'clock, 
and  then  adjourned.' 

"  After  he  had  been  told  the  names  of  the  men  who  were  in- 
dicted, Beggs  said  : 

*' '  I  must  confess  that  I  am  surprised.  I  am  utterly  at  a  loss 
to  understand  what  the  proof  against  me  can  be.     It  is  true  that 


252  MURDER   WILL   OUT 

I  was  Senior  Guardian  of  Camp  20,  but  that  don't  show  any 
motive  for  killing  Dr.  Cronin." 

" '  How  about  that  committee  you  appointed  ?' 

"  *  That  don't  amount  to  anything.  I  asked  that  the  most 
thorough  investigation  be  had.  I  supposed  Spelman  would  be 
able  to  show  all  tiie  records  of  the  camp.  I  asked  that  my  cor- 
respondence with  him  be  produced.  That  would  also  show  my 
innocence.  There  must  have  been  some  strange  swearing  done 
by  somebody.' 

"  The  correspondence  between  Beggs  and  Spelman  is  one  of 
the  strongest  proofs  in  the  hands  of  the  prosecution,  it  is  sup- 
posed ;  yet  Beggs  calmly  said  he  relied  upon  the  correspondence 
to  establish  his  innocence. 

"  In  closing  the  interview,  Beggs  remarked  :  '  This  is  a  bad 
scrape  to  be  in,  but  I  am  not  afraid  of  the  result — it  will  not 
end  in  any  personal  harm  to  me.' 

"  Throughout  the  interview  Beggs  was  as  self-possessed  as  if 
he  were  sitting  in  his  office  instead  of  a  prison  cell.  At  no  time 
did  he  speak  or  act  in  a  bitter,  cynical  or  emotional  manner.  In- 
deed, he  seemed  devoid  of  emotion.  Cool,  admirably  cool,  perfectly 
calm,  keenly  alive  to  the  serious  nature  of  his  situation,  yet  able 
to  discuss  it  as  if  he  were  talking  about  the  affairs  of  some  person 
he  did  not  even  know,  he  presented  a  picture  rarely  seen  in  a 
dungeon.  He  was  the  personification  of  conscious  and  confident 
innocence,  or  he  is  the  coolest,  most  deliberate  and  bravest  vil- 
lain ever  behind  the  bars  in  Cook  County. 

"  At  all  times  John  F.  Beggs  will  be  controlled  by  his  head, 
not  by  his  heart — by  mentality,  not  by  sentiment." 

It  was  late  in  the  afternoon  of  June  29th  when  the  special 
grand  jury  which  was  working  on  the  Cronin  mystery  filed  into 
Judge  Shepard's  court  with  the  announcement  that  they  were 
ready  to  report. 

There  were  few  persons  present  outside  the  newspaper  re- 
porters and  the  court  officials.  Every  eye  was  turned  toward 
Foreman  Clough  as  the  jurors  took  a  position  in  a  semi-circle  in 
front  of  the  Judge's  rostrum.  Each  juror  answered  to  his  name, 
when  Clerk  Lee  called  the  roll,  as  follows:  John  H.  Clough,  fore- 
man, D.  B.  Dewey,  Isaac  Jackson,  H.  P.  Kellogg,  H.  S.  Peck,  D.  A. 


MURDER  WILL  OUT. 


253 


Pierce,  W.  J.  Qiian,  W.  K.  Forsythe,  John  O'Neil,  Louis  Has- 
brouk,  J.  McGregor  Adams,  Henry  Greenebaum,  Jacob  Gross, 
C.  Gilbert  Wheeler,  Francis  P.  Peabody,  J.  C.  W.  Rhode,  W.  H. 
Beebe,  A.  P.  Johnson,  A.  G.  Lundberg,  George  W.  Waite,  John 
F.  WoUensack,  Henry  A.  Knott,  W.  D.  Kerfoot. 

"  Have  you  a   report   to  make,  Mr.  Foreman  ?"  asked  the 
court,  when  the  preliminaries  were  completed. 


John  P.  Kunze. 

"  We  have,  your  honor,"  replied  Foreman  Clough,  stepping 
forward  and  passing  up  a  rather  bulky  document.  The  Judge  ran 
his  eye  over  it,  and  then  asked  the  foreman  if  there  was  any 
further  business  before  the  jury, 

"  I  think  we  have  finished  the  business  before  us,  at  least  as 
far  as  we  can,"  replied  Mr.  Clough. 

"  You  will  be  excused,  then,  from  any  further  duty,"  said 


254  MURDER  WILL   OUT. 

the  court,  and  the  most  important  inquisitorial  body  which  had 
assembled  in  Cook  County  since  the  Anarchist  investigation  was 
dissolved. 

The  indictment  runs  : 

"  The  grand  jurors  aforesaid,  chosen,  selected  and  sworn  in 
and  for  the  county  of  Cook,  in  the  State  of  Illinois,  iii  the  name 
and  by  the  authority  of  the  people  of  the  State  of  Illinois,  upon 
their  oaths  aforesaid,  do  present  that  one  Martin  Burke,  other- 
wise called  Martin  Delaney,  otherwise  called  Frank  Williams, 
one  John  F.  Beggs,  one  Daniel  Coughlin,  one  Patrick  O'Sullivan, 
one  Frank  J]  Woodruff,  otherwise  called  Frank  J.  Black,  one 
Patrick  Cooney,  one  John  Kunze,  and  divers  other  persons,  a 
more  particular  description  of  which  is  to  the  said  jurors  un- 
known, late  of  the  county  of  Cook,  on  the  first  day  of  March 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty- 
nine,  in  said  county  of  Cook,  in  the  State  of  Illinois  aforesaid, 
did  unlawfully,  feloniously,  fraudulently  and  deceitfully  conspire 
and  agree  together  with  the  fraudulent  and  malicious  intent 
then  and  there  feloniously,  wrongfully,  and  wickedly,  and  with 
malice  aforethought,  to  kill  and  murder  one  Patrick  Henry  Cro- 
nin,  in  the  peace  of  the  people  of  the  State  of  Illinois  then  and 
there  being." 

The  rest  of  the  document,  which  is  an  extremely  long  one, 
consists  of  a  rehearsal  of  this  charge  in  sundry  terms,  so  as  to 
cover  particularly  the  manner  in  which  the  murder  must  have 
been  committed. 

Martin  Burke  is  twenty-eight  years  old,  a  native  of  the 
County  Mayo,  and  for  three  years  past  a  resident  of  Chicago, 
where  he  was  employed  for  some  time  in  the  sewer  department. 

As  to  Coughlin,  O'Sullivan  and  Woodruff,  enough  descrip- 
tion has  been  given  in  other  parts  of  the  book. 

Patrick  Cooney  is  a  Connaught  man,  who  was  transfer- 
red, as  it  is  said,  from  the  home  organization  to  the  Clan-na- 
Oael.  He  has  lived  in  Chicago  some  years.  He  developed  a 
good  many  of  the  characteristics  of  the  rounder.  He  sang  songs 
and  made  speeches  in  many  a  saloon  along  North  Market  Street. 


MURDER  WILL   OUT.  255 

He  had  one  particular  ditty  entitled  "The  Fox,"  which  from  its 
peculiar  character  gained  for  him  that  sobriquet.  It  was  a  song 
of  interminable  length,  and  when  once  Mr.  Cooney  started  in 
with  it  no  one  could  even  guess  when  it  was  to  end. 

Like  the  animal  from  whom  his  sobriquet  is  taken,  Cooney 
seems  to  be  a  cunning  fugitive,  and  the  authorities  are  utterly  in 
the  dark  as  to  his  whereabouts. 


Chaptee  VII. 

The  Fight  in  Winnipeg — Burke  Identified  as  Frank  Williams — 
An  Exciting  Legal  Battle — Senator  Kennedy  Turns  Up — 
The  Extradition  Proceedings — The  Chicago  End  of  the 
Case — Help  for  Burke — Beggs'  Effort  for  Release — Dwyer 
Flies  from  the  City — Burke  Brought  from  Manitoba — The 
"•'  J.  G."  Dispatch — The  Prisoner's  Precautions — Fears  of  a 
Rescue — The  Jump  from  the  Train — Hurried  to  Prison — 
"  Not  Guilty  !  "—The  Rival  Picnics— Funds  for  the  Prose- 
cution. 


)HE  fight  in  Winnipeg  was  a  bitterly  contested  one.  Friends 
for  Burke  seemed  to  rise  up  out  of  the  ground,  and  the 
^l)  Illinois  officials  had  to  prove  their  case  very  successfully 
and  definitely  before  they  were  allowed  to  carry  away  their  pris- 
oner, for  whom  the  State  Department  had  already  issued  a  warrant 
of  extradition. 

First  came  the  identification. 

Officer  John  Collins  arrived  at  Winnipeg  from  Chicago.  With 
Chief  McRae  he  went  into  the  cell  where  Burke  was  confined, 
while  an  eager  crowd  awaited  outside  for  the  news.  A  moment 
or  two  later  the  officers  came  out  and  it  was  known  that  Collins 
had  fully  identified  Burke.  When  Collins  stepped  into  the  cell  he 
said: 

"  Burke,  this  is  a  nice  place  for  you  to  be  in." 

*'  Yes,  it  is,  John,"  replied  Burke.  The  next  moment,  how- 
ever, Burke  tried  to  deny  that  he  knew  Collins.  The  identifica- 
tion was  complete,  and  Collins  at  once  notified  Chief  Hubbard  by 
wire.  Then,  with  Chief  McRae,  he  proceeded  to  the  Court-house, 
where  he  swore  out  the  following  information: 
"  Canada^  Province  of  Manitoba^  County  of  Selkirk: 

"  The  information  and  complaint  of  John  M.  Collins,  of  the 
city  of   Chicago,  in  the  State  of  lUinois,  and  the  United  States  of 

(258) 


MURDER   WILL   OUT.  259 

America,  police  officer,  taken  upon  oath  before  me  the  under- 
signed, one  of  Her  Majesty's  Judges  of  the  Court  of  the  Queen's 
Bench  for  the  Province  of  Manitoba,  aforesaid  Judge,  under  the 
extradition  act,  at  the  city  of  Winnipeg,  in  the  said  county  of 
Selkirk,  this  20th  day  of  June,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eighty -nine,  who  says  that  he  has  just  cause 
to  suspect  and  believe  and  does  suspect  and  believe  that  Martin 
Burke,  alia»  W.  J.  Cooper,  late  of  the  said  city  of  Chicago,  in  the 
said  State  of  Illinois,  did  commit  the  crime  of  murder  within  the 
jurisdiction  of  the  said  State  of  Illinois,  one  of  the  said  United 
States  of  America,  to- wit,  that  the  said  Martin  Burke,  alias  W,  J. 
Cooper,  on  or  about  the  4th  day  of  May,  in  the  year  of  our  Lord 
eighteen  hundred  and  eighty-nine,  at  the  said  city  of  Chicago,  did 
feloniously,  willfully,  and  of  malice  aforethought,  kill  and  murder 
one  Patrick  H.  Cronin. 

"Taken  and  sworn  before  me,  etc.,  John  F.  Bain,  Judge  of 
Court  of  Queen's  Bench,  Manitoba. 

"John  M.  Collins." 

Of  course  there  were  also  other  identifications.  The  Carlsons, 
and  the  expressman  Mortensen  were  sent  up  to  Winnipeg  by  the 
State,  and  each  of  them  declared  beyond  the  possibility  of  doubt 
that  Burke  was  the  Williams  whose  connection  with  the  Carlson 
cottage  Judge  Longenecker  was  so  anxious  to  establish. 

More  than  this  had  to  be  done,  however,  before  the  Manitoba 
authorities  would  consent  to  turn  Burke  over  to  the  American 
officers.  Burke  was  not  friendless.  One  of  the  best  firms  in  Win- 
nipeg appeared  in  his  behalf,  and  while  the  proceedings  were  still 
forward  State  Senator  William  Kennedy,  of  Appleton,  Wisconsin, 
appeared  upon  the  scene  with  the  statement  that  he  had  been  re- 
tained for  Burke. 

All  of  this  naturally  excited  much  curiosity,  as  it  seemed  to 
show  a  connection  between  Chicago  and  Manitoba,  and  the  police 
seemed  to  feel  that  if  they  could  find  who  it  was  who  was  helping 
Burke  they  would  come  close  to  the  home  end  of  the  conspiracy. 

Said  one  of  the  dispatches  from  the  seat  of  war  at  the  time  : 

"  Kennedy,  the  white-haired  attorney  who  has  appeared  on 
t|ie  scene  and  is  exerting  himself  in  Burke's  behalf,  is  exciting 


260 


MURDER  WILL   OUT. 


much  curiosity  among  the  Chicago  officers  in  Winnipeg.  They 
are  watching  the  old  man  and  are  throwing  obstacles  in  his  way. 
They  are  trying  to  create  the  idea  that  he  is  either  a  seeker  after 
notoriety  or  an  emissary  of  the  conspiracy  which  accomplished 
Dr.  Cronin's  murder.  The  old  man  brought  no  credentials  with 
him,  and  this  has  been  counted  a  very  serious  oversight  by  the 
Chicago  detectives.     They  think  that  the  lawyer  should  tell  every- 


Lawyer  Kennedy  in  Court. 

thing  he  knows  and  everything  he  doesn't  know,  before  he  can 
confer  with  his  client.  It  is  said  that  the  lawyer  promised  Mr. 
Campbell  that  the  defense  fund  would  be  ample  to  pay  any  ex- 
penses that  might  be  incurred.  This  was  enough  to  condemn  him 
as  an  agent  of  some  arch- conspirator.  Therefore  he  was  refused 
admittance  to  the  jail  last  night,  and  he  and  Burke  had  no  chance 
to  hold  their  accustomed  consultation. 

"  That  picturesque-looking  old  man  is  William  Kennedy,  of 
Appleton,  Wisconsin,  who  for  the  last  four  years  has  represented 
the  Twenty -second  District  in  the  State  Senate.  His  eccentricities 
are  well-known.  He  is  an  Irishman,  and  his  manners  and  speech 
show  him  to  be  a  man  of  refinement  and  education.  He  has  not 
always  been  an  upholder  of  the  murderers  of  Dr.  Cronin,  for  not 
long  ago  he  was  in  Milwaukee  and  he  denounced  the  conspirators 


MURDER  WILL  OUT.  261 

as  cowardly  and  brutal  murderers  and  said  that  the  crime  was  the 
worst  blow  that  Ireland's  cause  had  received  for  years.  But  Sen- 
ator Kennedy  may  be  expected  to  do  unexpected  things.  His 
speeches  in  the  Legislature  are  peculiar,  and  there  is  always  curi- 
osity to  know  on  which  side  of  any  question  he  will  appear  as  a 
partisan.  He  is  an  orator  of  no  mean  ability,  and  is  often  so  bit- 
ter in  his  advocacy  of  any  cause  that  his  partisanship  does  more 
harm  than  good.  It  is  claimed  that  he  is  no  seeker  after  notoriety, 
but  that  his  taking  up  with  Burke  was  to  be  expected  of  him." 

While  the  arguments  were  being  made  in  Winnipeg, — argu- 
ments, by  the  way, which  the  whole  American  public  were  watching 
with  almost  breathless  interest, — John  F.  Beggs  in  Chicago  was 
making  a  serious,  and  very  nearly  a  successful  effort  to  be  bailed 
out  of  prison. 

The  question  of  bail  was  first  brought  up  before  Judge  Tuley, 
who  ruled  that  he  did  not  have  jurisdiction,  and  was  then  taken 
before  Judge  Horton,  of  the  Criminal  Court. 

Beggs  applied  for  admission  to  bail  on  the  following  grounds : 

"  1.  That  the  indictment  returned  against  defendant  in  this 
case  is  not  founded  upon  any  evidence  connecting  or  tending  to 
connect  defendant  with  the  commission  of  the  crime  of  murder 
set  forth  and  charged  therein. 

"  2.  There  is  no  evidence  establishing  or  tending  to  establish 
the  guilt  of  this  defendant  of  the  crime  charged  in  said  indict- 
ment returned  herein. 

"  3.  There  is  no  evidence  showing  that  the  proof  is  evident, 
or  that  the  presumption  is  great  against  this  defendant. 

"  4.  This  defendant  is  absolutely  innocent  of  the  charge  con- 
tained in  the  indictment  returned  in  this  cause,  or  of  any  compli- 
city in  or  knowledge  of  the  murder  of  P.  H.  Cronin,  or  of  any 
offense  or  knowledge  of  any  crime  set  forth  and  charged  in  said 
indictment. 

"  5.  No  order  has  ever  been  made  admitting  this  defendant 
to  bail. 

"  6.  This  defendant  is  able  and  desirous  of  furnishing  a  proper 
and  sufficient  bond  herein,  as  may  be  ordered  by  the  court. 

"  7.  Tliat  this  defendant  js  entitled  to  be  admitted  to  bail 
herein  under  the  Constitution  and  laws  of  this  State." 


262  MURDER   WILL   OUT. 

In  denying  the  application  for  bail  Judge  Horton  said  that 
the  motion  was  entirely  unsupported  by  affidavits  and  was  not 
verified.  It  asserted  the  innocence  of  the  accused,  and  if  the 
request  were  granted  the  court  would  practically  be  reviewing 
the  action  of  the  grand  jury.  Should  this  be  done  it  would  open 
the  way  for  new  and  vexatious  delays  and  establish  a  new  practice. 
In  asking  for  bail  upon  this  showing  the  attorneys,  he  said,  might 
as  well  ask  the  court  to  sit  as  an  examining  magistrate  of  the 
grand  jury  proceedings,  which  would  have  the  effect  of  doing 
away  with  that  body  altogether.  The  motion  to  admit  the  prisoner 
to  bail,  he  decided,  would  have  to  be  overruled. 

Attorney  Foster  took  an  exception,  but  intimated  that  no 
further  efforts  would  be  made  to  secure  bail  for  Beggs. 

This  little  legal  wrestle,  with  the  fact  that  Dwyer,  the  car- 
conductor,  who  had  declared  that  he  saw  Cronin  on  the  night  of 
May  4th,  had  left  for  parts  unknown,  was  about  as  far  as  the  case 
was  advanced  until  the  court  at  Winnipeg  decided  the  habeas 
corpus  jjroceedings  adversely  to  Burke,  and  turned  the  prisoner 
over  to  Chief  Hubbard,  of  the  Chicago  police  force,  who  had 
gone  up  to  get  his  man. 

Chief  McRae,  of  the  Winnipeg  police,  took  the  opportunity 
and  made  a  formal  application  to  the  Chicago  authorities  for  a 
reward  for  the  arrest  of  Burke.  McRae  was  in  the  case  for  money 
from  the  beginning.  After  Jim  Maddern  wrote  to  him  revealing 
all  of  Burke's  plans — for  this,  according  to  one  of  the  authorities, 
is  the  name  of  the  "friend"  who  gave  Burke  away — McRae  worked 
the  case  for  his  own  profit.  He  did  not  tell  Hossack  and  Sherwod 
of  the  Canadian  Pacific  police  who  Burke  was  because  he  did  not 
want  them  to'know  the  importance  of  the  capture.  It  was  only 
after  Burke  was  arrested  that  his  name  was  revealed.  The  reve- 
'lation  was  a  surprise  to  the  officers  who  arrested  the  man,  but,  it 
is  understood,  McRae  had  assured  them  that  he  would  divide  any 
reward  in  an  equitable  way. 

McRae  was  asked  by  one  of  the  correspondents  how  much 


]VltJRt)ER  WILL  OUT.  263 

he  would  pay  Jim  Maddern  for  the  very  full  and  complete  in- 
formation Maddern  gave  him  and  without  which  Burke  would 
never  have  been  captured.  He  gave  an  evasive  answer,  but  as 
good  as  said  that  Maddern  would  be  lucky  if  he  got  $25.  The 
indications  are  that  McRae  will  also  be  lucky  if  he  gets  that 
amount  himself.  Should  he  be  paid  nothing  for  the  arrest  of 
Burke,  Maddern  will  not  derive  any  Drofit  for  selling  out  his 
friend. 

It  was  said  by  some  of  the  alarmists  that  a  rescue  would  be 
attempted,  ^d  accordingly  very  extraordinary  precautions  were 
taken  to  guard  the  prisoner. 

The  train  bearing  the  party  stopped  for  a  moment  at  Canal 
and  Kinzie  streets,  where  a  carriage  was  waiting.  Chief  Hubbard, 
Detectives  Collins,  Broderick  and  Shepherd  and  Martin  Burke 
were  waiting  on  the  rear  platform  of  the  car  ready  to  alight. 
Before  the  train  ceased  moving  they  sprang  to  the  ground,  entered 
the  carriage,  and  were  driven  to  the  Harrison  Street  Station. 
The  train  then  proceeded  to  the  station,  where  several  thousand 
people  had  gathered  with  the  expectation  of  seeing  the  prisoner. 
The  party  had  left  Winnipeg  at  9 :45  Sunday  morning,  August  4th, 
and  occupied  the  larger  part  of  a  sleeping-car  on  the  Manitoba 
line.  Burke  was  kept  in  the  state-room,  which  was  always  occu- 
pied by  two  or  more  of  the  officers.  A  great  crowd  assembled 
at  Winnipeg  to  see  the  prisoner,  but  it  was  disappointed.  When 
night  came  Burke's  berth  was  prepared  for  him  and  he  retired 
early.  The  officers  took  turns  standing  on  guard  over  him,  in 
reliefs  of  two  each.  Burke  was  handcuffed,  and  shackles  were 
also  placed  on  his  ankles;  according  to  one  account  he  was  also 
chained  to  the  floor.  If  he  rested  uneasily  he  gave  no  sign,  nor 
did  he  cause  the  officers  any  trouble.  The  train  reached  St.  Paul 
a  few  minutes  before  7  o'clock  Monday  morning.  There  a  special 
car  was  attached  to  the  Milwaukee  and  St.  Paul  train  whicii  left  for 
Chicago  at  7:15.  This  car  was  a  common  day  coach.  The  blinds 
were  pulled  down,  the  glass  doors  were  covered  with  newspapers, 


264  MURDER   WILL   OUT. 

and  four  St.  Paul  officers  were  stationed  on  the  platforms — two  in 
front  and  two  at  the  rear.  The  train  arrived  in  La  Crosse  at 
11:45  and  in  Milwaukee  at  7:05  in  the  evening.  It  was  7:30 
o'clock  when  it  departed  for  Chicago,  and  just  10  o'clock  when  it 
arrived  in  the  city. 

From  the  time  Burke  left  Winnipeg  until  he  arrived  in 
Chicago  nobody  except  the  officers  was  permitted  to  speak  to  him. 
He  made  no  statement  nor  confession,  nor  was  there  any  attempt 
to  induce  him  to  do  so.  An  officer  sat  beside  him  all  the  time, 
and  others  were  around  him.  But  little  was  said,  and  the  subject 
of  conversation  was  usually  the  scenery,  or,  when  some  crowd 
assembled  at  a  station,  a  little  quiet  quizzing. 

He  wore  a  cheap  "ready-made"  suit,  a  collarless  shirt  and  a 
straw  hat.  His  appearance  was  that  of  a  common  day  laborer,  such 
a  one  as  may  be  found  any  evening  sitting  in  front  of  a  cheap 
boarding-house.  He  wore  a  very  short  mustache,  and  with  his 
white  face  and  clean  hands  would  hardly  be  recognized  by  his 
former  acquaintances. 

The  rule  at  Winnipeg  was  that  no  one  could  see  him  without 
the  consent  of  his  attorneys  and  of  Assistant  State's  Attorney 
Baker.  The  only  known  violation  of  this  rule  was  when  Attorney 
Kennedy  won  his  way  to  the  cell.  Mr.  Baker  had  seen  Burke  in 
the  court-room,  but  had  no  opportuniy  to  study  him ;  the  other 
Chicago  officials  had  hardly  seen  him.  The  first  opportunity  they 
had  to  observe  what  manner  of  man  he  was  presented  itself  when 
he  was  consigned  to  their  custody.  By  the  time  they  arrived  in 
Chicago,  they  agreed  in  pronouncing  him  a  rather  ignorant  man, 
weak,  not  at  all  aggressive,  unable  to  defend  his  own  opinions, 
lacking  in  self-assertiveness — in  short,  an  ignorant  man  who  even 
lacks  the  dogged  stubbornness  to  adhere  to  his  own  opinions. 

Crowds  assembled  at  every  station,  impelled  by  the  same 
motive  of  morbid  curiosity  which  makes  people  stare  at  a  stone 
wall  when  a  man  is  being  hanged  behind  it.     The  crowds  varied 


MURDER   WILL   OUT.  265 

in  size  from  half  a  dozen  at  the  little  villages  to  a  hundred  or 
more  at  the  larger  towns.     Only  one  demonstration  was  made. 

At  Gafton,  Dak.,  reside  two  brothers,  named  Scholers,  who 
were,  it  was  said,  relatives  of  Dr.  Cronin.  Backed  by  the  moral 
support  of  a  mob  of  two  hundred  friends,  these  two  men  were 
very  demonstrative,  and  led  the  crowd  in  giving  many  evidences  of 
hatred.  The  mob  surrounded  the  car,  and  with  hoots  and  howls 
expressed  its  sentiments  toward  the  prisoner.  "Bring  him  out! 
Bring  him  out!"  they  yelled. 

"Yes,  bring  him  out,"  shouted  one  of  the  Scholers,  as  he 
flourished  a  big  revolver  of  the  cowboy  pattern.  "Turn  him 
loose,  and  we'll  take  care  of  him."  A  moment  more,  and  the  hoot- 
ing, howling  crowd  was  left  behind  as  the  train  steamed  rapidly 
away. 

That  was  the  only  incident  of  the  trip.  It  was  the  monoto- 
nous journey  of  a  prisoner  back  to  the  scene  of  his  alleged  crime. 

The  special  car  containing  Burke  and  the  officers  was  attached 
to  the  train  immediately  behind  the  chair-car.  Behind  the  special 
car  were  two  empty  and  darkened  coaches,  apparently  placed  there 
as  a  blind.  At  Western  Avenue  these  two  cars  were  left  behind, 
causing  a  belief  that  Burke  would  be  conveyed  to  jail  from  that 
place.  He  remained  in  the  car,  however,  until  Canal  and  Quincy 
streets  were  reached.  He  was  handcuffed  to  Officer  Broderick  on 
the  one  side  and  Officer  Collins  on  the  other.  Chief  Hubbard  sat 
inside  the  carriage  and  Officer  Shepherd  rode  beside  the  driver. 
The  carriage  was  driven  to  Lake  Street,  thence  to  Franklin,  down 
Franklin  to  Jackson,  east  on  Jackson,  and  thence  to  the  station. 
Burke  was  taken  in  at  the  main  entrance  and  immediately  locked 
in  a  common  cell. 

On  the  next  day  the  Times  printed  the  following  ver}^  curious 
piece  of  information: 

"Last  Saturday  afternoon  a  young  man,  of  medium  height, 
wearing  a  blonde  mustache,  and  having  the  appearance  of  a  clerk, 
walked  into  the  rotunda  of  the  Grand  I*acific,  and  filed  with  the 


266  MURDER   WILL   OUT. 

operator  at  the  Western  Union  Telegraph  Company  there  the  fol- 
lowing dispatch: 

"y.  Hough ^  Barrister^  Winnipeg,  Man.,  Canada: 

"  'Furnish  him  with  basket  food  and  fruit.  Caution  him  against 
Collins,  who  will  pretend  friendship.  J.  G.' 

"The  operator,  after  glancing  over  the  dispatch,  turned  to 
the  sender  and  asked: 

"  'What  is  the  full  name  and  address,  please  V 

"  'It  is  not  necessary  to  give  that,'  replied  the  man.  'The 
dispatch  is  paid  for  and  will  reach  its  destination  all  right  if  you 
send  it  as  it  is  written  there.' 

"The  operator  gives  a  very  accurate  description  of  the  man. 
She  says  he  was  about  5  feet  8  inches  in  heitrht,  rather  strongly 
built,  and  fair-complexioned.  She  further  says  that  he  did  not 
look  like  a  professional  man,  but  appeared  to  belong  to  the  better 
class  of  clerks. 

"Who  was  the  young  man,  and  who  is  Attorney  Hough.? 

"When  the  former  question  is  answered,  one  of  the  most  im- 
portant pieces  of  evidence  leading  up  to  a  full  knowledge  of  the 
conspiracy  which  resulted  in  the  murder  of  Dr.  Cronin  will  have 
been  discovered.  It  is  for  the  police  authorities  now  to  develop 
the  clew  given.  The  second  question  is  easily  answered.  Attor- 
ney Hough  is  the  junior  partner  of  Isaac  Campbell,  of  Winnipeg, 
who  took  such  an  active  part  in  resisting  the  efforts  of  the  Chicago 
authorities  to  procure  the  extradition  of  Martin  Burke.  Hough, 
strange  to  say,  was  never  called  into  the  case  by  his  partner,  Mr. 
Campbell,  who  engaged  the  services  of  another  lawyer — Barrister 
Purdue — instead. 

"  'It  has  long  been  a  matter  for  speculation  among  us,'  said 
Assistant  State's  Attorney  Baker  last  night,  'why  Mr.  Campbell 
called  in  a  member  of  another  firm  while  his  own  partner  was  left 
out.  Mr.  Hough  is  an  able  law3^er,  and  I  don't  quite  see  any 
reason  why  he  was  not  brought  prominently  into  the  case,  except 
it  was  in  order  that  negotiations  with  Campbell  might  be  conducted, 
all  the  more  safely  through  him.' 

"Here  is  the  key  to  the  situation:  Mr.  Campbell  was  corre- 
sponded with  in  an  indirect,  but  perfectly  safe  way  through  his 
partner,  who  has  not  been  publicly  identified  with  the  case  for 
that  very  reason.  Tliis  little  dispatch  from  the  Grand  Pacific 
fully  explains  Burke's  strange  conduct  while  on  his  way  from 


MURDER   WILL   OUT.  267 

Winnipeg.  The  order  from  Chicago  was  faithfully  carried  into 
effect  by  Mr.  Hough. 

"When  Burke  stepped  into  the  train  at  Winnipeg  in 
custody  of  the  authorities  he  was  handed  a  basket  of  fruit  by  a 
stranger.  Burke  was  notified  previously,  and  he  religiously'"  stuck 
to  his  instructions.  Not  a  morsel  did  he  taste  on  his  way  here 
except  the  contents  of  that  basket,  the  last  of  which  he  finished 
in  his  cell  at  the  Harrison  Street  police  station  yesterday  morn- 
ing. 

"Burke  also  avoided  Oflacer  John  Collins,  who  was  the  only 
m^an  he  knew  out  of  the  many  who  accompanied  him  on  his  way 
to  Chicago.  Another  thing  disclosed  by  this  piece  of  intelligence 
is  that  Senator  Kennedy,  the  attorney  who  has  been  given  credit 
for  much  cunning  advice  to  Burke,  was  but  obeying  orders  given 
at  second  hand.  Mr.  Kennedy  accompanied  the  party  from  Win- 
nipeg, and  saw  that  the  instructions  sent  from  Chicago  were  car- 
ried out." 

Burke  was  arraigned,  and  he  pleaded  "not  guilty,"  thus  clos- 
ing this  part  of  this  romantic  case. 

The  only  other  incident  which  needs  to  be  kept  in  memory 
at  this  time  is  the  very  curious  one  of  the  rival  picnics  which 
were  held  at  Ogden  Grove  and  at  Cheltenham  Beach,  the  first  by 
the  Irish  societies  of  Chicago,  the  second  by  the  people  who  called 
themselves,  in  a  special  manner,  the  friends  of  Dr.  Cronin,  and  the 
pm'pose  of  whose  gathering  was  to  provide  funds  for  the  prosecu- 
tion of  his  murderers. 

The  matter  came  up  in  a  peculiar  way.  It  has  been  for  years 
the  custom  to  hold  a  picnic  on  the  15th  of  August  in  Chicago  at 
Ogden  Grove,  at  which  the  united  Irish  societies  assist,  and  the 
proceeds  of  which  are  devoted  to  national  purposes. 

When  the  first  meeting  for  the  purpose  of  making  arrange- 
ments for  the  picnic  was  held  at  McCoy's  Hotel,  there  was  a  very 
warm  difference  between  a  small  minority  of  the  people  present, 
who  thought  the  usual  picnic  should  be  abandoned,  and  the  ma- 
jority, who  proposed  going  on  with  the  usual  celebration. 

The  fact  beneath  was  of  course  that  the  "anti-Trianglers" 
«o-called  did  not  feel  that  they  could  go  in  with  their  former  asso- 


268  MURDER   WILL   OUT. 

ciates.  The  split  was  one  that  was  bound  to  come,  and  no  better 
way  of  making  it  was  thought  of  than  getting  up  a  rival  picnic  to 
be  held  on  the  same  day,  whose  proceeds  should  be  used  in  the 
endeavor  to  prove  that  the  other  fellows  ought  to  swing. 

Dr.  Cronin's  friends  put  themselves  in  the  wrong  from  the 
first,  because  they  had  to  hold  themselves  out  to  the  Irish  people 
as  antagonizing  an  enterprise  which  was  manifestly  for  a  commend- 
able Irish  purpose. 

It  was  a  test  question,  and  there  can  be  no  doubt  about  the 
answer.  The  crowd  at  Ogden's  Grove,  in  spite  of  the  fact  that 
every  newspaper  in  Chicago  boomed  the  Cheltenham  Beach  pic- 
nic, and  denounced  the  ''Trianglers'  "  gathering  so-called,  was  a 
tremendous  one,  and  thoroughly  Irish.  At  Cheltenham  Beach 
also  there  was  a  very  large  assembly,  but  it  was  by  no  means 
made  up  of  Irish  men  and  women  exclusively.  A  great  many 
non-Irish  elements  were  represented — and  some  elements  which 
their  enemies  did  not  hesitate  to  describe  as  anti-Irish.  As  far  as 
the  test  went  it  would  seem  to  show  that  the  great  majority  of 
the  Irish  people  of  the  city  had  determined  not  to  withdraw  their 
confidence  from  the  old  leaders. 

The  speeches  on  both  occasions  were  somewhat  significant. 
John  Finerty,  the  chairman  of  the  Ogden  Grove  demonstration, 
said: 

"I  stand  here  as  chairman  of  an  Irish  gathering  called  under 
clouds,  but  already  emerging  under  the  warm  smile  of  God's  ap- 
proval. We  stand  here  the  denounced  of  the  Chicago  press,  the 
focus  of  British  hatred ;  we  stand  here  with  the  banner  of  the 
nation  above  us  and  the  banner  of  the  old  land  beside  it,  and  we 
will  lay  either  down  never.  We  have  endeavored  to  be  honest 
friends  to  the  American  people;  we  can  defy  any  man  to  point  to 
a  field  of  battle  fought  for  the  foundation  or  maintenance  of  this 
Union  where  Irish  blood  has  not  been  generously  poured  out. 
Rebels  at  home,  as  we  ought  to  be,  we  have  here  been  loyal  to  the 
uttermost  of  our  souls,  to  the  best  blood  of  our  hearts.  The 
American  people  have  not  impeached  that  loyalty,  but  the  serpent 


MURDER   WILL   OUT.  269 

folds  of  oppression  thrown  across  the  sea  seek  to  crush  us  even  '^ 
here. 

"We  have  been  denounced  from  every  quarter;  our  societies 
are  called  murder  associations.  It  is  a  lie.  There  is  but  one 
murder  organization  in  modern  politics,  and  that  is  the  British 
Government.  Every  effort  has  been  made  to  scare  away  from  this 
meeting  Irish  men  and  women.  Do  they  not  know  that  they  can 
not  drive  us  away  from  our  cause  ?  The  gallows  is  red  with  Irish 
blood,  the  English  dungeons  are  red,  the  battlefields  are  red — and 
shall  mere  newspaper  clamor  do  what  these  failed  to  accomplish  ? 

"We  and  the  American  people  were  marching  together  hand 
in  hand  when  this  tragedy  that  we  all  deplore  occurred.  They 
are  liars  who  say  we  approve  murder.  We  do  not.  Our  cause  is 
too  sacred.  The  Irish  people  are  guilty  of  no  crime.  We  are 
ashamed  of  nothing  we  have  done,  and  we  are  here  to  prove  it. 
The  overwhelming  majority  shows  where  the  Irish  people  stand. 
They  have  attempted  to  keep  you  away  from  Ogden's  Grove  to- 
day, but  you  have  come.  They  have  failed  and  we  have  no  malice, 
but  we  want  to  tell  them  that  this  task  is  beyond  their  powers. 
The  Chicago  press  must  learn  that  it  cannot  be  witness,  judge  and 
State's  attorney  in  the  same  case.  We  live  under  the  Constitution 
and  we  will  have  our  rights,  nor  do  we  need  any  instruction  from 
any  native-born  American  or  imported  British  as  to  our  duties. 
We  stand  on  our  record.  " 

Mr.  Dunne,  the  chairman  of  the  Cheltenham  Beach  gather- 
ing, declared  that  the  meeting  at  Ogden's  Grove  was  the  embodi- 
ment of  the  factional  element.  It  was  dominated,  he  said,  as  the 
Clan-na-Gael  for  some  time  undoubtedly  was,  by  adventurers  and 
political  tricksters.  He  referred  to  the  fact  that  this  was  the  first 
time  that  the  Ogden's  Grove  gathering  was  brought  together 
ostensibly  in  the  name  of  Charles  Stewart  Parnell.  He  asked  how 
long  this  had  been  the  programme  of  the  Ogden's  Grove  picnics. 
The  funds  there  collected  had  not  always  been  given  to  the  sup- 
port of  the  constitutional  movement.  They  had  been  gambled  with 
upon  the  Board  of  Trade  by  some  of  the  men  who  had  had  charge 
of  those  demonstrations  for  years.  Mr.  Dunne  concluded  by  de- 
claring that,  although  the  Ogden's  Grove  affair  was  professedly 
called  in  aid  of  the  Parnell  movement,  it  was  in  reality  called  to 


270  JTURDER  WILL   OUT. 

indorse  the  foulest  and  most  barbarous  murder  ever  recorded  in 
the  annals  of  human  crime. 

It  will  thus  be  seen  that  there  was  some  difference  of  opinion 
between  the  two  parties.  The  profits  of  the  Cheltenham  Beach 
picnic,  which  were  turned  into  the  fund  for  the  prosecution, 
amounted,  it  is  said,  to  $2,000.  The  net  proceeds  of  the  Ogden's 
Grove  picnic  were  a  little  over  $4,000,  and  were  forwarded  to  Mr. 
Parnell. 


131] 

V^  de 


Chapter  VIII. 

Closing  up  the  Case — Klahre  and  the  Tin  Box — Mrs.  Whalen — 
Her  Visits  to  the  Jail — Will  Any  One  Confess  ? — The  Prison- 
ers Stubborn — Trying  for  a  Severance — The  Change  of  Venue 
— Woodruff  Separated  from  the  Others — Woes  of  a  *'  Con- 
fessor"— The  Suspects  before  Judge  McConnell — Ending  of 
the  Preliminaries — Calling  the  Conspiracy  Case. 

HE  end  of  the  preliminary  work  was  now  at  hand,  and  the 
legal  battle  was  about  to  begin.  Before  this  was  com- 
menced, however,  another  important  piece  of  evidence 
was  secured,  which  was  believed,  at  the  time,  to  be  extremely 
dangerous  for  Martin  Burke. 

This  was  the  discovery  of  a  tinsmith  who  had  soldered,  for 
Burke,  just  after  the  murder,  a  very  suspicious-looking  tin  box. 

May  6,  two  days  after  it  is  supposed  Dr.  Cronin  was  mur- 
dered, an  express  wagon  stopped  in  front  of  the  hardware  store 
of  H.  Klahre,  88  North  Clark  Street.  Martin  Burke  sat  beside 
the  driver,  and  a  large  tin  or  galvanized  iron  box  was  in  the 
wagon.  This  box  was  twenty-eight  inches  long,  fourteen  inches 
high  and  about  twenty  inches  wide.  It  would  hold  as  much  as  a 
very  large  sachel  or  small  trunk.  Burke  took  tlie  box  to  the  tin- 
shop  connected  with  the  store  and  asked  tliat  the  lid  be  securely 
soldered  at  the  back,  the  front  and  the  sides.  This  was  done,  and 
the  lid  was  thus  hermetically  sealed.  The  box  was  soiled,  some 
dirt  being  observed  upon  it,  and  it  had  the  appearance  of  having 
been  buried  or  kept  in  a  cellar.  The  box  was  not  opened  in  the 
store,  and  Burke  stood  beside  it  all  the  time  the  lid  was  being 
soldered.  This  tin  chest  appeared  to  be  rather  heavy,  and  all  the 
circumstances  seemed  then  to  warrant  the  inference  that  it  con- 
tained Dr.  Cronin's  clothes,  which  were,  however,  subsequently 
found  in  another  cntch-basin.     There  was  also  said  to  be  reason 

(271) 


272  MURDER  WILL   OUT. 

to  "believe  that  this  box  had  been  made  for  the  special  use  to 
which  it  was  put,  and  that  its  destination  was  the  other  side  of 
the  ocean. 

Speaking  about  the  incident,  Mr.  Klahre  said:  "  Of  course 
we  did  not  suppose  the  box  contained  the  clothes  of  a  murdered 
man.  We  did  not  try  to*see  what  it  contained,  but,  if  we  had 
suspected  anything  was  wrong,  we  could  have  telephoned  to  the 
police," 

The  importance  of  this  discovery  was  held  chiefly  to  consist 
in  the  fact  that  it  corroborated  the  theory,  at  the  time  very  gen- 
erally advanced  by  the  newspapers,  that  the  murderers  intended 
to  send  Dr.  Cronin's  clothing  to  Europe,  where  it  would  be  put 
upon  the  body  of  some  dead  man,  whose  decomposed  remains 
would  afterward  be  found  in  the  Thames  or  some  other  river. 
The  clothes  and  papers  on  the  body  would  identify  it  as  that  of 
Dr.  Cronin,  and  the  tidings  would  be  heralded  to  the  world  that 
he  had  fled  from  Chicago  to  carry  secret  information  to  Ireland's 
foes ;  that  his  perfidy  had  been  discovered,  and  that  he  had  been 
killed  as  a  spy  before  he  could  escape  back  to  the  United  States. 
The  evidence  against  him  would  thus  have  been  damning,  and  the 
world,  according  to  the  theorizers,  would  have  accepted  it  almost 
without  a  doubt  of  its  perfect  genuineness. 

Day  after  day  reports  were  current  that  this  or  that  prisoner 
was  about  to  confess.  Now  it  would  be  Beggs  whose  conscience 
had  proven  too  much  for  him;  now  it  was  Burke  who  had  finally 
recognized  the  futility  of  being  hanged  to  screen  more  guilty 
conspirators;  now  it  was  O'Sullivan  who  had  decided  to  unbosom 
himself  of  his  share  in  the  crime,  and  Mrs.  Wlialen  was  ordered  to 
quit  visiting  on  the  ground  that  she  prevented  him  from  doing 
so;  and  now  it  would  be  Coughlin  whose  wife  had  prevailed  upon 
him  to  tell  all,  or  Kunze  who  saw  no  reason  to  longer  shield  the 
people  who  had  betrayed  him. 

There  was  no  confession,  however.  All  the  prisoners  stub- 
bornly denied  their  guilt,  and  demande<^  to  be  put  upon  their 


MURDER  WILL  OUT.  273 

trial,  somewhat,  as  it  seems  to  be  now  admitted,  before  the  State 
was  quite  ready  to  go  on. 

The  first  appearance  of  the  prisoners  was  in  the  docli  in 
Judge  Horton's  court  on  the  morning  of  July  28. 

"  Is  the  State  ready  for  trial  in  this  case  ?"  asked  the  court, 
as  soon  as  the  prisoners  were  brought  in. 

Judge  Longenecker  applied  in  the  affirmative.  "  The  case 
is  on  the  calendar  for  this  month,  your  honor,  and  I  should  like 
to  have  something  done  with  it,"  added  the  State's  Attorney. 

Attorney  W.  A.  Foster,  on  behalf  of  John  F.  Beggs,  reminded 
the  court  and  the  State's  Attorney  that  he  on  behalf  of  his  client 
had  made  every  effort  to  secure  a  speedy  hearing  and  admission 
to  bail.  He  was  ready  to  go  to  trial  now ;  in  fact,  he  demanded  a 
trial  now,  and  he  also  demanded  that  his  client  be  admitted  to  bail. 

"  Put  your  motion  in  writing,  Mr.  Foster,"  said  the  court. 

"  I  shall,  your  honor,"  replied  the  attorney,  "but  before  doing 
so  I  will  ask  that  the  record  show  that  a  demand  for  an  imme- 
diate trial  has  been  made." 

"  And  I  will  ask,  your  honor,"  chimed  in  Judge  Longenecker, 
"  that  the  record  show  that  the  defendant  is  indicted  for  conspir- 
acy with  a  number  of  others,  one  of  whom  is  in  Canada." 

In  reply  to  a  question  by  the  court  A.  B.  Brown,  attorney 
for  Woodruff,  stated  the  latter  was  not  prepared  for  trial  and  de- 
sired a  continuance  until  next  term.  O.  N.  Carter,  representing 
W.  S.  Forrest,  counsel  for  Dan  Coughlin,  announced  that  an  agree- 
ment had  already  been  made  with  the  State's  Attorney  that  this 
defendant's  trial  should  be  continued  to  the  next  term. 

Kunze  was  the  only  one  of  the  five  unrepresented  by  counsel 
and  for  whom  there  was  no  one  present  to  speak.  The  court 
asked  him  if  he  had  any  attorney  to  speak  for  him.  Kunze  re- 
plied rather  forcibly  that  he  had  not  and  furthermore  did  not 
want  one.  "  What  I  do  want,"  he  said,  "is  to  know  what  I  am 
arrested  for.     I  have  been  charged  with  murder,  and  I  have  been 


274  MURDER  WILL  OUT. 

told  I  was  arrested  on  that  charge,  but  I  have  not  seen  any  indict- 
ment against  me  yet." 

This  remark  acted  as  an  eye-opener  for  some  of  the  lawyers, 
and  Attorney  Foster  at  once  asked  whether  any  of  the  defendants 
had  been  furnished  with  a  copy  of  the  indictments.  It  turned  out 
that  none  of  the  prisoners  had  been  so  supplied,  and  Judge  Horton 
at  once  ordered  that  copies  be  procured  and  given  to  each  one  of 
them. 

An  easy  way  of  accomplishing  this  was  discovered  by  Clerk 
Flynn,  who  suggested  that  they  be  all  required  to  stand  up  while 
he  read  the  "  omnibus"  indictment  under  which  they  were  held. 

"  On  the  26th  day  of  June,  gentlemen,"  said  the  clerk,  "  you 
were  indicted  for  murder.     Are  you  guilty  or  not  guilty?" 

This  brought  up  another  new  situation  which  some  of  the 
lawyers  grew  alarmed  about.  "  I  don't  think,  your  honor,"  inter- 
rupted Attorney  Foster,  "  that  the  defendants  ought  to  be  asked  to 
plead  at  this  time.  We  have  not  decided  what  course  to  take;  it 
may  be  that  we  will  want  to  enter  a  motion  to  quash  the  indict- 
ment before  any  pleas  are  entered." 

"  But  even  if  the  pleas  were  entered  they  could  be  set  aside 
to  allow  a  motion  to  quash  to  be  entered,"  said  the  court. 

Attorney  Carter  cut  the  discussion  short  by  entering  a 
motion  to  quash  as  to  Coughlin,  and  the  others  immediately 
followed  suit. 

Attorney  Joseph  David,  of  the  firm  of  Donahoe  &  David, 
attorneys  for  P.  O'Sullivan,  who  was  not  present  during  the 
foregoing  discussion,  turned  up  at  this  juncture  and  entered 
motions  for  a  change  of  venue  in  each  of  the  three  indictments 
against  his  client.  Mr.  David  presented  affidavits  in  support  of 
his  motion.  It  was  for  a  change  of  venue  from  Judge  Horton 
and  Judge  Kirk  Hawes.  The  affidavits  in  support  of  the  motion 
were  'made  by  O'Sullivan  himself,  Lawrence  P.  Brown  and  J. 
Emmett  Pearson.  O'Sullivan  swore  that  he  believed  these  two 
judges  were  so  prejudiced  against  him  that  he  could  not  have  a 


MURDER   WILL  OtTT.  275 

fair  and  impartial  trial  before  either  of  them,  and  that  he  had 
not  learned  of  this  prejudice  before  the  26th  day  of  July.  The 
affidavits  of  Brown  and  Pearson  stated  that  they  were  citizens 
of  the  county,  and  were  not  of  kin  or  counsel  to  the  defendant 
O'Sullivan,  and  that  they,  too,  believed  O'Sulli van  could  not  have 
a  fair  and  impartial  trial  before  either  of  these  Judges.  This 
motion,  which  was  wholly  unexpected  by  Judge  Longenecker, 
threw  a  different  light  on  the  whole  subject,  and  it  was  agreed  all 
around  that  the  decision  on  it  would  be  postponed  until  ten 
o'clock  the  next  morning,  and  that  the  motions  to  quash  and  for 
immediate  trial  for  Beggs  should  go  over  with  it  and  be  disposed 
of  at  the  same  time. 

This  was  all  very  neat,  but  it  failed  of  its  main  object,  which 
was  really  to  secure  a  severance  for  the  prisoners  on  trial.  Judge 
Horton  gave  O'Sullivan  the  desired  change  of  venue  to  Judge 
McConneirs  court,  but  at  the  same  time  sent  all  the  other  cases 
over,  to  the  same  tribunal,  leaving  them  together  as  before. 

The  change  by  no  means  pleased  the  "confessor"  Woodruff, 
who  found  himself  in  a  particularly  unpleasant  predicament.  The 
other  prisoners  would  have  nothing  to  do  with  him  and  the  State 
would  have  nothing  to  do  with  him.  He  interjected  himself  into 
the  case  without  results,  save  the  result  of  much  inconvenience  to 
himself. 

The  fight  for  a  severance  came  to  a  focus  before  Judge 
McConnell  on  August  26,  and  it  was  then  very  plainly  evident 
that  the  State  would  prefer  a  further  delay.  Part  of  the  proceed- 
ings, after  the  prisoners  had  filed  their  aflSdavits  asking  for  a 
severance,  was  at  once  interesting  and  illustrative  of  the  methods 
in  which  the  work  of  the  prosecution  was  being  done. 

State's  Attorney  Longenecker,  after  the  affidavits  were  read, 
said  he  would  like  to  have  at  least  a  week  to  prepare  his  answer. 

"Is  there  anything  in  the  affidavit  in  the  character  of  a 
surprise  to  you .?"  asked  Judge  McConnell  of  the  State's  Attorney. 

"Yes,  sir,"  said  Mr.  Longenecker. 


276  MURDER   WILL   OUT. 

"What  is  it  ?"  queried  Mr.  Forrest. 

"That  you  should  ask  for  a  separate  trial  for  CJoughlin." 

"Are  there  any  matters  contained  in  the  affidavits  that  are 
surprising  ?"  questioned  the  court. 

"Yes,  sir,  there  are  some  things  that  are  surprising  to  me. 
It  surprises  me  that  they  should  make  the  kind  of  statements 
they  do." 

"May  it  please  your  honor,"  said  Mr.  Forrest,  "my  client 
Coughlin  was  indicted  at  the  May  term.  At  the  June  term,  at 
the  request  of  the  State's  Attorney,  I  continued  the  case  to  the 
July  term,  saying  that  we  didn't  want  any  snap  judgment,  and 
that  both  parties  probably  wished  to  get  ready  for  trial.  I  wish 
it  to  be  distinctly  understood  that  my  client  as  well  as  Mr. 
Donahoe's  client  took  a  continuance  at  the  June  term  at  the 
request  of  the  State's  Attorney.  Now,  at  the  July  term  I  called 
upon  the  State's  Attorney  and  said  that  I  did  not  care  to  go  to 
trial  during  that  hot  weather,  as  I  wanted  a  vacation.  He  said 
that  he  didn't  either.  Then  I  called  upon  Judge  Horton  and 
upon  Messrs.  Mills  &  Ingham,  and  they  didn't  care  about  proceed- 
ing with  the  trial  either;  so  it  was  by  common  agreement  of 
all  the  attorneys  for  the  prosecution  and  defense  that  the  cases 
were  continued  at  the  July  term.  Mr.  Donahoe  talked  about  it, 
it  will  be  remembered,  and  spoke  to  his  client,  and  at  first  his 
client  wouldn't  have  it.  We  urged  him  to  agree,  but  Mr.  O'Sulli- 
van  for  awhile  was  obdurate.  'I  am  ready  for  trial,'  he  said, 
'and  I  want  it  at  once.'  Finally,  however,  it  was  agreed.  In  my 
absence  this  case  was  latterly  set  for  the  26th.  We  have  been 
preparing  for  this  as  carefully  as  we  could.  It  seems  to  me  that 
the  State's  Attorney  has  studied  during  the  last  three  weeks  to 
force  us  to  delay.  We  now  come  here,  your  honor,  and  demand 
the  trial.  Why,  somebody  even  saw  to  it  that  the  grand  jury 
should  not  do  its  duty,  and  put  all  the  names  of  the  witnesses 
upon  the  backs  of  the  indictments.  There  were  some  two  hundred 
or  three  hundred  witnesses  examined,  as   we  learned   from  the 


MURDER   WILL   OUT.  277 

press,  and  their  names  were  kept  from  the  indictment,  although 
the  law  say9  the  foreman  of  the  grand  jury  shall  indorse  on  the 
indictment  the  names  of  the  witnesses.  Not  only  that,  sir,  but 
the  State's  Attorney  has  personally  instructed  witnesses-  not  to 
talk  to  the  counsel  for  the  defense. 

"We  have  called  uponj witnesses,  and  they  have  told  us  that 
their  lips  have  been  sealed  by  the  State's  Attorney  of  Cook 
County  and  by  Capt.  Schuettler.  We  have  told  them  that  we 
were  counsel  for  Coughlin  and  O'Sullivan,  and  that  we  did  not 
ask  them  to  talk  in  private.  'Call  your  friends  in  and  we  will  get 
a  short-hand  reporter  and  have  him  take  down  only  the  state- 
ments that  you  make,'  said  we.  But  their  lips  were  sealed. 
Now,  sir,  what  right  has  Mr.  Longenecker  to  say  to  a  witness 
who  knows  facts  tending  to  show  my  client's  innocence  that  he 
shall  not  speak,  and  seal  his  lips  from  the  attorney  for  the  defense  .? 
Knowing  that,  as  soon  as  I  returned  from  my  vacation  I  called 
upon  the  State's  Attorney  and  presented  a  written  request  for  the 
names  of  all  the  witnesses.  That  was  fifteen  days  ago.  Day  by 
day  we  were  put  off,  until  yesterday  morning  we  received  the 
names  of  one  hundred  and  fifty  witnesses.  The  first  continuance 
was  by  his  request,  the  next  was  by  agreement. 

"What  I  wish  to  know,  as  a  member  of  the  Illinois  bar,  is 
this :  By  what  right  does  any  tribunal  under  heaven  seal  the  lips 
of  a  witness  who  knows  material  facts  tending  to  show  the  guilt  or 
innocence  of  any  person  ?  What  right  has  he  to  go  to  a  witness 
and  say  to  that  man,  'You  must  not  talk  with  W.  S.  Forrest,  or 
with  Judge  Wing,  or  with  Daniel  Donahoe  ?*  The  prosecutor 
has  gone  to  Mr.  Burke,  so  he  informs  me,  and  urged  him  to 
discharge  Mr.  Kennedy." 

"  It  seems  to  me,"  said  the  court  to  Mr.  Longenecker,  "  that 
your  request  involves  loo  long  a  delay.  I  should  suppose  that 
you  would  be  prepared  early  for  trial." 

"  This  trial  was  set  nearly  a  month  ago,"  said  the  State's 
Attorney.     "  Now,  I  want  to  state  another  thing :  The  truth  is,  I 


278  MURDER   WILL   OUT. 

am  not  able  to  proceed  with  the  trial  now.  I  am  feeling  too 
badly  to  go  on  at  once  with  an  argument  of  this  question.  I  am 
sick  —  that  is  the  fact  of  the  matter.  I  do  not  believe  I  can 
stand  the  argument  for  a  separate  trial  at  this  time.  That  I  will 
state  upon  my  honor  as  State's  Attorney.  Mr.  Hynes  and  others 
will  doubtless  be  associated  with  me  in  the  case,  but  they  are 
probably  not  prepared  just  now  to  get  up  and  argue  this  new 
phase.  I  will  be  frank,  and  state  to  the  court  that  I  am  ill. 
This  is  the  first  time  in  my  life  that  I  have  ever  found  it  neces- 
sary to  appeal  to  the  court  in  this  way.  1  never  would  have  come 
into  court  at  all  this  morning  if  it  had  not  been  an  important 
case.  This  is  the  first  time  that  I  have  ever  asked  for  delay  in 
this  case.  Mr.  Forrest  will  state  that  he  asked  for  delay  as  a  mat- 
ter of  favor;  he  stated  at  that  time  that  he  was  not  well.  I  said 
to  him  at  that  time  that  there  were  others  whom  he  must  see  be- 
fore the  matter  could  be  agreed  to.  I  worked  last  week  as  indus- 
triously as  possible  in  this  case.  Outside  of  these  motions  I  am 
well  prepared  to  go  to  trial.  I  have  never  before  asked  delay. 
I  simply  did  not  wish  to  try  it  in  August.  They  have  all  along 
said  that  they  were  ready  for  trial;  nowthe}'^  come  in  here  and  say 
they  want  a  separate  trial." 

"  I  presume,"  said  Mr.  Forrest,  "  that  Judge  Longenecker's 
indisposition  will  be  over  in  twenty-four  hours.  In  any  event 
there  is  Luther  Laflin  Mills  and  Mr.  Ingham,  and  Mr.  Hynes  and 
the  whole  detective  force  of  Chicago  and  the  Cheltenham  Beach 
fund  behind  you." 

"  I  take  it,"  said  the  court,  ''  that  this  is  a  matter  which 
assistant  counsel  could  dispose  of.  However,  if  State's  Attorney 
Longenecker  states  upon  his  honor  that  he  is  not  well,  1  must 
consider  his  request.     Still,  I  dislike  the  delay." 

The  matter  was  finally  settled  by  an  adjournment  until 
Wednesday  morning,  when  the  severance  was  argued  exhaust- 
ively. 

Judge  Wing,  who  led  in  the  speech-making,  declared  first 


MURDER  WILL   OUT.  279 

that  trying  the  defendants  together  worked  an  injustice  on  ac- 
count of  the  opportunity  it  gave  the  State  to  take  advantage  of 
its  peremptory  challenges  and  the  confused  possibilities  grow- 
ing out  of  unlimited  cross-examination. 

"  And  why,"  he  went  on,  "  should  the  State  insist  that  one 
of  its  citizens  should  commingle  his  fortunes  with  those  of  num- 
erous other  defendants  ?  Why,  the  prosecution  know  that  every 
syllable  of  testimony  that  they  could  introduce  upon  a  joint  trial 
which  would  be  inadmissible  upon  a  separate  trial.  Your  honor 
at  the  last  would  direct  the  jury  to  disregard  as  to  my  client,  but 
I  suspect  they  further  know  and  think  that  the  jury  would  not 
obey  that  instruction.  The  State  is  not  injured  by  a  separate 
trial.  The  State  is  not  harmed  by  according  to  its  citizen  a  case 
isolated  from  the  cases  of  other  men.  If  they  are  at  any  disad- 
vantage, they  lose  what  they  ought  to  lose,  nothing' further. 

"  There  is  another  reason  that  every  trial  lawyer  is  perfectly 
aware  of.  No  matter  how  disconnected  you  may  be  in  point  of 
truth  from  the  other  men  who  accompany  you  from  the  jail  into 
the  court-room  every  morning  (it  may  be  that  you  never  saw 
them  —  it  may  be  that  you  never  heard  of  them  until  you  were 
brought  in  together  by  the  bailiff  on  the  first  day  of  your  trial), 
yet  the  twelve  men  who  sit  in  those  chairs  will  connect  you  to- 
gether. They  see  you  walking  together  in  the  morning,  sitting 
together  during  the  day,  departing  from  the  room  together  at  the 
close  of  the  day's  trial,  and  beyond  all  doubt  your  association 
with  them  will  prejudice  your  case.  Your  lawyer  will  be  held 
responsible  for  the  conduct  of  the  attorneys  for  the  other  defend- 
ants, and  upon  the  argument  it  may  well  enough  happen  that  an 
attorney  representing  A  will  need  to  make  such  a  presentation  of 
A's  case  to  the  jury  as  to  tacitly  admit  the  guilt  of  B,  at  least  not 
controvert  it,  and  the  jury  will  construe  an  argument  of  that  sort 
most  fatally  against*  the  other  party. 

"  Especially  would  that  be  true  in  a  case  where  the  State's 
proof  consisted  of  circumstantial  evidence.     If  it  was  a  case  of 


280  MURDER  WILL   OUT. 

direct  and  positive  evidence  the  effect  would  not  be  nearly  so 
harmful;  but  circumstances  are  peculiar  things.  An  ingenious 
man  can  put  a  tongue  into  a  circumstance  and  make  it  speak 
almost  any  language  he  pleases ;  and  where  one  defendant  is  com- 
pelled to  associate  with  other  defendants,  many  circumstances, 
totally  inadmissible  as  against  him  if  tried  alone,  will  get  into 
the  case,  and  the  able  counsel  for  the  people  will  apply  those  cir- 
cumstances to  the  particular  defendant  against  whom  they  are 
inadmissible,  and  thereby  prejudice  him. 

''Take  the  renting  of  the  flat  at  117  South  Clark  Street:  it 
is  not  pretended  that  Daniel  Coughlin  knew  anything  about  it. 
It  is  not  pretended  that  he  participated  in  it.  How,  I  ask,  upon 
his  separate  trial,  can  that  circumstance  be  introduced  in  proof  on 
the  part  of  the  Sta^e  ?  Take  the  circumstance  of  the  renting  of 
the  Carlson  cottage  on  the  20th  of  March,  rented  by  a  man  by 
the  name  of  Williams,  a  man  that  the  State  now  says  is  one  of  the 
defendants  here  under  the  name  of  Burke.  I  ask  how,  upon  a 
separate  trial,  in  the  absence  of  proof  of  conspiracy,  could  the 
fact  of  the  renting  of  that  cottage  be  admitted  against  Daniel 
Coughlin  ?  Take  the  fact  that  immediately  subsequent  to  the 
renting,  at  the  very  time  of  the  renting,  there  was  a  conference^ 
a  meeting,  an  interview  between  Martin  Burke  and  P.  O'SuUi- 
van,  at  the  scene  where  the  State  alleges  this  homicide  later  took 
place.  I  ask  your  honor  by  what  rule  of  evidence,  until  they  es- 
tablish vi  prima  facie  case  of  conspiracy,  the  State  could  ever  intro- 
duce that  in  evidence  against  Daniel  Coughlin  upon  his  separate 
trial .? 

"And  are  not  those  prejudicial  facts,  are  they  not  damaging 
facts,  are  they  not  facts  that  your  honor  cannot,  by  instruction, 
direct  the  jury  to  disregard,  as  against  my  client  ^  Do  you  imag- 
ine that  they  would  obey  any  instruction  that  you  might  give 
upon  such  facts  as  those  V 

He  then  reviewed  the  different  circumstances  wherein  state- 
ments made  by  O'Sullivan   might  be  used  against  him  and  the 


MURDER  WILL   OUT.  281 

other  defendants,  and  pointed  out  the  difficulty  with  which  such 
evidence  could  be  held  from  affecting  the  jury,  and  went  on  to 
say  that  "  no  matter  if  a  conspiracy  is  proved  after  the  death  of 
Cronin,  no  word  or  act  of  Burke's  can  be  heard  in  a  court  of  jus- 
tice against  any  man  except  himself.  That  is  the  rule  of  evidence.. 
His  conduct  prior  to  that  occasion  cannot  be  proved  against  any 
other  human  being  except  himself  until  the  State  establishes  a 
prima  facie  case  of  conspiracy.  When  that  is  done  I  concede  it 
is  admissible. 

"  But  I  say  that  so  far  as  the  case  stands  now  before  the 
court  the  court  has  no  right  to  believe  that  one  single  act  of 
Burke's  prior  to  that  fatal  night  would  be  admissible  against 
Daniel  Coughlin,  my  client.  And  are  not  the  circumstances 
harmful  }  The  renting  of  the  building  under  an  assumed  name 
is  a  circumstance  from  whijih  a  lawyer  could  draw  a  good  many 
harmful  inferences.  The  circumstance  of  such  a  man,  thus  seek- 
ing to  conceal  his  identity,  marching  over  to  talk  to  a  man  in  an 
adjacent  lot,  the  fact  that  the  premises  were  not  occupied,  all 
those  facts  will  be,  as  the  court  will  hear  later  from  the  lips  of 
the  men  who  are  now  opposing  this  severance,  damaging  criminat- 
ing circumstances,  and  if  we  live  long  enough  we  will  all  hear, 
if  those  men  are  kept  together,  these  very  lawyers  urging  those 
inferences  against  my  client,  while  we  know  to-day  and  will  know 
then  that  legally  they  have  no  application  against  him  in  the 
present  state  of  the  case. 

"  But  take  the  fact  of  flight,  fleeing  to  Michigan,  to  Winni- 
peg, would  your  honor  think  that  your  State  was  using  you  fairly 
if  you  were  compelled  to  be  put  with  other  men  and  tried  for 
your  life — men  against  whom  such  facts  existed  }  It  is  right  and 
fair  that  every  man  should  answer  for  his  own  conduct  and  his 
own  conversations,  but  it  is  neither  morality  nor  law  that  he 
should  be  held  responsible  for  the  acts  of  other  men. 

"  Now  all  this,  your  honor,  will  go  before  the  jury  upon  the 
joint  trial — testimony  that  could  not  be  heard  upon  the  separate 


282  MURDER   WILL   OUT. 

trial:  Why  should  they  seek  to  try  them  jointly  ?  The  State 
does  not  lose  a  single  right  it  has.  It  is  not  deprived  of  a  single 
honest  privilege  that  it  possesses. 

"Again,  they  insist  that  we  shall  be  tried  with  a  confessor, 
when  for  two  hundred  years  every  court  in  Christendom  has  said 
and  ruled  that  that  was  wrong  and  illegal.  There  cannot  be  a 
case  found  in  the  books  where  a  defendant  has  been  obliged  to 
submit  his  case  along  with  that  of  a  co-defendant  who  had  con- 
fessed the  felony.  There  is  no  doubt  as  to  the  law  upon  these 
subjects.     It  is  plain  and  it  is  well  known. 

"  I  apprehend  that  my  friends  cannot  find  and  read  to  the 
court  a  single  case  reported  where  a  defendant  who  asked  for  a 
separate  trial  was  ever  forced  to  go  to  trial  with  a  defendant  who 
had  fled. 

"  In  view  of  all  these  things  I  ask  for  that  which  cannot 
harm  the  State.  I  ask  for  that  which  I  believe  to  be  Daniel 
Coughlin's  right,  a  severance  from  these  other  defendants." 

Similar  arguments  were  urged  by  the  other  attorneys  for  the 
defendants,  and  after  a  very  heated  personal  discussion  between 
Mr.  Forrest  and  Mr.  Longenecker,  in  which  the  State's  Attorney 
had  by  no  means  the  best  of  it,  Judge  McConnell  took  the  mat- 
ter of  the  severance  under  advisement,  and 'said  that  he  would 
pass  upon  it  the  next  day. 

On  the  next  day  accordingly  the  parties  assembled  to  hear 
from  the  bench  the  decision  that  Coughlin,  O'SuUivan,  Burke, 
Beggs  and  Kunze  could  not  have  a  separate  trial,  but  that  a 
severance  would  be  given  Woodruff.  According  to  one  of  the 
publications  of  the  day:  *'  Judge  McConnell's  order  granting  the 
others  a  separate  trial  from  Woodruff  gives  the  defense  a  slight 
advantage.  Woodruff's  own  motion  for  a  separate  trial  was  not 
granted  because  his  grounds  did  not  warrant  a  decision  in  its 
favor.  The  effect,  however,  is  practically  the  same,  the  only  dif- 
ference being  that  the  records  show  that  so  much  of  the  motions 
for  separate  trials  made  by  Burke,  Coughlin  and  O'SuUivan  as 


MURDER   WILL   OUT.  283 

apply  to  the  severance  from  Woodruff  is  granted.  The  defense 
gains  some  advantage  because  a  difference  in  Woodruff's  stand- 
ing in  court  is  obtained.  As  a  defendant  he  could  take  the  stand 
and  testify,  but  the  cross-examination  of  defendants  is  restricted 
and  there  could  be  no  attempt  to  impeach  him.  In  the  event 
that  he  testifies  now  he  becomes  subject  to  the  rules  applying  to 
all  witnesses,  and  there  is  no  restriction  upon  his  cross-examina- 
tion by  the  attorneys  for  the  other  defendants.  Mr.  Forrest  has 
boasted  that  he  is  prepared  to  attack  Woodruff  in  the  event  of  his 
becoming  a  witness  for  the  State.  He  couldn't  do  it  before;  he 
can  do  it  now,  and  therefore  has  gained  whatever  advantage  he 
can  make  out  of  the  cross-examination." 

This  done,  the  jury  stated  that  the  conspiracy  case  would  be 
called  upon  the  morning  of  Friday,  August  30th,  and  the  attor- 
neys for  either  side  left  the  court-room  to  prepare  for  the  com- 
ing struggle. 


BOOK  IV. 


THK  LKGAIv  BATXIvK. 


Chapter  I. 

Wanted,  a  Jury — Attorneys  on  Either  Side — Luther  Laflin  Mills 
and  Wm.  J.  Hynes — How  they  Came  into  the  Case — 
Hynes  and  Alexander  Sullivan — Forrest,  Donahoe  and  Wing 
— Their  Peculiarities — A  Legal  Tournament — The  Challenges 
— The  First  Juror — The  Cost  of  tiie  Panel — Expensive  Arti- 
cles— Odd  Statistics  of  the  Case — The  Lesson  of  the  An- 
archist Trials — Popular  Speculations  on  the  Result — The 
Jury  Complete — Who  the  Men  Were. 

)HERE  had  been  so  much  talk  and  so  many  rumors  that 
nobody  believed  that  the  Croniu  case  was  really  going  to 
trial  on  the  morning  of  A^Igust  30th,  when  it  was  called 
in  Judge  McConnell's  branch  of  the  Criminal  Court. 

The  hands  of  the  clock  i:)ointed  to  a  couple  of  minutes  past 
ten.  The  room  was  crowded  with  prisoners,  lawyers  and  lookers- 
on  ;  all  of  them  prepared  to  hear  that  something  had  happened  or 
was  going  to  happen  which  would  postpone  the  opening  of  the 
great  legal  drama  of  the  century. 

Mr.  Donahoe,  addressing  the  court,  demanded  an  immediate 
trial  for  his  clients,  Kunze  and  O'Sullivan. 

"The  State  is  ready  for  trial,"  said  Mr.  Longenecker  in  an 
easy  conversational  fashion.  He  proceeded  to  say  that  his  regular 
assistants  were  engaged  in  the  usual  work  of  the  office  and  would 
be  unable  to  assist  him.  He  asked,  therefore,  that  the  records 
show  the  selection  of  Messrs.  Hynes,  Mills  and  Ingham  as  his 
assistants  during  the  trial. 

Against  this  Mr.  Forrest  protested,  desiring  that  the   record 
(285) 


286  THE  LEGAL  BATTLE. 

should  show  that  those  gentlemen  had  been  employed  by  private 
parties. 

The  formal  appearances  were  as  follows: 

For  John  P.  Kunze  and  Patrick  O'Sullivan — Donahoe  & 
David. 

For  Daniel  Coughlin — William  S.  Forrest  and  R.  M.  Wing. 

For  Martin  Burke — William  B.  Kennedy. 

For  John  F.  Beggs — William  A.  Foster  aud  M.  E.  Ames. 

For  the  State — J.  M.  Longenecker,  George  H.  Baker,  Robert 
Jampolis,  W.  J.  Hynes,  L.  L.  Mills,  and  George  C.  Ingham. 

A  special  venire  of  fifty  jurymen  was  ordered  to  be  in 
readiness  at  two  o'clock,  and  the  court  rose.  When  two  o'clock 
came  the  crowd  about  the  building  was  so  thick  that  it  was 
impossible  to  make  way  into  the  chamber,  even  for  the  officials. 
Manifestly  the  trial  was  going  to  be  a  drawing  card. 

The  real  work  began  very  quietly,  in  a  most  business-like 
fashion,  which  gave  little  hint  of  the  interminable  length  to  which 
the  examination  of  talesmen  was  going  to  be  drawn  out. 

In  the  court-room  was  a  long  table,  to  which  others  were 
placed  as  L's.  In  one  place  were  grouped  the  attorneys  for  the 
defense.  So  near  them  that  Forrest  and  Mills  were  able  to  shake 
hands,  were  the  prosecuting  officers. 

All  the  lawyers  engaged  in  the  Cronin  case  were  compara- 
tively young  men.  Not  one  of  them  was  over  fifty,  and  two  of 
them  had  hardly  reached  their  twenty-fifth  year. 

Joel  M.  Longenecker,  the  State's  Attorney,  is  a  native  of 
Illinois,  having  been  born  in  Crawford  County  January  12,  1847. 
He  comes  of  good  Pennsylvania  Dutch  stock,  and  has  many  of 
their  characteristics.  He  is  careful,  painstaking,  and  aggressive 
when  the  occasion  demands  it.  He  has  wonderful  physical 
endurance  and  is  capable  of  a  great  deal  of  work.  He  has  been 
in  the  public  service  in  many  capacities,  first  as  a  volunteer 
soldier  in  the  Union  army,  which  he  entered  at  the  age  of  eighteen. 
He  was   City   Attorney   of   Olney   in  1876,  and  was  thereafter 


THE  LEGAL  BATTLE. 


287 


elected  State's  Attorney  of  Richland  County.  In  1884  he  became 
an  Assistant  Prosecuting  Attorney  under  Luther  Laflin  Mills, 
then  State's  Attorney,  and  his  associate  in  this  case.  He 
continued  under  State's  Attorney  Grinnell,  doing  the  heavy 
ordinary  work  of  the  Criminal  Court  while  the  State's  Attorney 
and  Mr.  Furthmann  and  Mr.  Walker  were  engaged  in  the 
Anarchist  and  boodle  cases.     When  Mr.  Grinnell  succeeded  to  a 


Judge  McConnell. 

seat  on  the  circuit  bench,  Mr.  Longenecker  was  elected  his 
successor,  and  was  re-elected  a  year  ago.  He  is  a  ready  and 
forcible  speaker,  and  is  a  terror  to  witnesses  with  troubled  con- 
sciences on  cross-examination. 

Luther  Laflin  Mills  is  known  to  nearly  every  one  in  Chicago 
as  a  brilliant  orator  and  a  really  great  lawyer.  In  a  case  which 
he  tried  in  Cincinnati   some  time  ago  against  Judge  Thurman,  he 


288  THE  LEGAL.  BATTLE. 

displayed  such  remarkable  powers  of  legal  presentation  and 
forensic  oratory  that  the  Old  Roman  paid  him  the  highest  com- 
pliments. He  has  been  engaged  in  nearly  every  great  case  in  Chi- 
cago for  twelve  years.  He  is  essentially  a  Chicago  man,  for 
though  born  in  Massachusetts  forty-one  years  ago,  he  was  brought 
here  when  he  was  but  one  year  old.  He  was  educated  in  the 
Chicago  schools,  graduating  from  the  high  school,  where  his 
brilliancy  and  manliness  gave  promise  of  his  future  success. 
After  leaving  the  high  school  he  attended  the  University  of 
Michigan.  When  he  graduated  he  took  to  the  drudgery  of 
bookkeeping,  and  subsequently  became  a  drummer,  studying  law 
during  the  whole  time.  When  admitted  to  the  bar  he  entered 
into  a  partnership  with  George  Ingham,  and  they  still  maintain 
these  relations.  He  was  elected  State's  Attorney  in  1876,  and 
served  two  terms.  It  is  in  his  capacity  as  a  practitioner  before 
the  courts  for  private  parties  that  he  has  won  his  greatest  success 
and  fame.  He  has  great  penetration,  good  judgment  and  quick 
apprehension.  These,  with  a  splendid  voice  and  ^great  oratorical 
powers,  make  him  a  great  lawyer. 

William  J.  Hynes,  who  was  associated  with  Mr.  Mills,  made 
his  reputation  in  the  Carter  case  in  1889  in  opposition  to  Mr. 
Mills.  He  is  of  Irish  birth,  and  possesses  in  a  marked  degree  the 
oratorical  gift  of  his  race.  He  combines  with  that  sound  judg- 
ment, a  ready  perception,  and  excels  in  repartee.  Mr.  Hynes 
served  a  term  in  Congress  from  an  Arkansas  district,  and  was  a 
candidate  for  Judge  and  for  State's  Attorney  in  Chicago.  He  is 
an  Irish  Nationalist. 

George  C.  Ingham  was  but  thirty-seven  years  old.  He  is  an 
Ohioan,  and  has  never  been  a  candidate  for  public  oflSce,  though 
he  has  been  offered  a  nomination  for  the  Judgeship  by  his  party. 
His  earned  reputation  was  in  the  Anarchist  case,  where  he  was  the 
chief  lieutenant  of  Mr.  Grinnell.  His  main  duty  was  to  keep  the 
record  clear  of   errors.     He  not  only  did  it,  but  made  the  best 


THE  LEGAL  BATTLE. 


289 


speech  in  that  famous  trial,  and  yet  it  occupied  but  an  hour  and 
a  half. 

William  S.  Forrest  was  of  course  the  leading  lawyer  for  the 
defense.     He  would  not  have  a  second  place.     He  is  bright,  sharp, 


Portraits  of  the  Jury. 

rasping — the  people  on  the  other  side  called  it  irritating.  He  is  a 
native  of  Baltimore.  He  studied  law  in  Boston,  jDracticed  first  in 
Wisconsin  and  then  in  Chicago.  His  first  success  was  in  the 
noted  case  of  Johnny  Lamb,  whom  he  certainly  saved  from  the 
gallows.  Mr.  Forrest  is  a  criminal  lawyer  of  undoubted  ability, 
and  is  well  posted  in  criminal   decisions.     He  is  persevering  and 


290 


THE  LEGAL  BATTLE. 


industrious.     He  is  about  forty-five  years  old,  and  is  said  to  have 
one  of  the  most  lucrative  practices  at  the  bar. 

Mr.  Wing  was    the    heavy   weight   for  the   defense.     He  is 
ponderous,  methodical,  and  imperturbable.     He  was  a  rural  Judge 


Portraits  of  the  Jury.    II. 
— the  same  who  presided  at  the  trial  of  Schwartz  and  Watts  for 
the  murder  of  Kellogg  Nichols.  *• 

William  N.  Foster  made  his  reputation  in  Chicago  by  his 
defense  of  the  Anarchists.  He  is  well  read,  is  a  forcible  speaker, 
courteous  to  his  opponents,  but  alert  in  the  defense  of  his  clients. 


THE  LEGAL  BATTLE. 


291 


He  made  quite  a  reputation  as  an  orator  in   Iowa,  and  was  in  the 
State  Senate  there.     He  is  a  man  of  decided  ability. 

Mr.  Donahoe  was,  throughout  the  trial,  one  of  the  most  en- 
ergetic and  talented  of  the  bright  legal  galaxy  in  the  court-room. 
He,  too,  is  a  young  man,  and,  although  perhaps  less  known  than 


Portraits  of  the  Jury.     III. 
some  of  his  brothers,  he  made  a  reputation  in  the  Cronin  trial 
which  he  will  long  find  valuable. 

Behind  their   attorneys  sat   the  prisoners,  John   F. 


Coughlin,  O'SuUivan,  Burke  and  Kunze.  No  vacant  chair  was 
there  for  the  absent  Cooney,  and  Frank  J.  Woodruff,  after  some 
preliminary  proceedings,  was  sent  back  to  the  jail.     None  of  these 


292 


THE  LEGAL  BATTLE. 


men  looked  either  nervous  or  guilt3\  They  were  neatly  dressed, 
clean-shaven,  gentlemanly-looking  fellows,  as  little  like  the  typ- 
ical conspirator  as  any  one  could  well  conceive.  Kunze  was  the 
most  uneasy  of  the  lot.  He  seemed  to  resent  being  put  on  trial 
at  all,  and  declared  somewhat  hotly  that  it  was  all ''  a  foolishness" 
trying  him  for  something  he  knew  nothing  whatever  about. 


Portraits  of  the  Jury.    IV. 

And  so  the  stage  was  set  and  all  was  ready  for  the  curtain  to 
drop.  Enter  a  juryman,  who  told  the  State's  Attorney  that  he 
lived  in  Austin,  and  was  nearly  twenty-three  years  old.  He  had 
pot  read  the  papers  closely,  although  he  had  seen  something  of 


THE  LEGAL  BATTLE.  29S 

the  case.  He  would  believe  circumstantial  evidence,  and  he  had 
no  scruples  against  hanging.  Mr.  Bridger  was  not  chosen,  how- 
ever. He  was  number  one  of  the  long  procession  of  excused  who 
marched  through  the  court-room  for  weeks  upon  weeks  from  the 
30th  of  August  almost  to  the  end  of  October. 

The  questions  asked  him  by  the  State  outlined  the  general 
scope  of  Judge  Longenecker's  inquiries.  In  each  case  the  State 
inquired  into  the  talesman's  opinions  on  the  case;  the  manner  in 
which  he  viewed  circumstantial  evidence,  and  whether  he  had  any 
scruples  about  inflicting  the  death  penalty.  Each  was  also  asked, 
moreover,  about  his  acquaintance  with  the  attorneys  on  either 
side,  with  the  prisoners,  and  with  Larry  Buckley,  Harry  Jordan 
and  Alexander  Sullivan. 

It  was  some  time  before  the  defense  settled  down  upon  a 
consistent  line  of  questions.  The  formation  of  their  interroga- 
tories brought  on  some  friction  between  counsel,  and  at  last  it 
was  proposed  that  they  should  make  out  a  list  of  the  questions  they 
desired  to  ask  each  juryman,  and  submit  them  to  the  court. 

This  was  done,  and  Judge  McConnell  said  he  would  elim- 
inate all  but  three  of  them,  which  here  follow,  and  further  he 
would  only  permit  three  questions  to  be  asked  witnesses  who  had 
read  the  newspaper  reports: 

"  Have  you  formed  any  opinion  as  to  whether  or  not  the 
alleged  murder  of  Dr.  Cronin  was  in  pursuance  of  the  action  or 
finding  of  a  secret  committee  appointed  by  Camp  20  of  the  so- 
called  Clan-na-Gael  society,  or  its  officers,  or  any  of  them,  to  try 
said  Cronin  for  any  supposed  offense  ? 

'*  Have  you  formed  an  opinion  as  to  whether  or  not  Dr. 
Cronin  was  taken  to  the  Carlson  cottage  by  the  horse  and  buggy 
engaged  by  Daniel  Coughlin  from  Dinan,  the  liveryman  ? 

"  Have  you  formed  an  opinion  as  to  whether  or  not  Martin 
Burke,  one  of  the  defendants,  was  a  tenant  of  the  Carlson  cot- 
tage?" 

Mr.  Forrest — "  Now,  your  Honor,  as  to  the  question  of  con- 


294  THE  LEGAL  BATTLE. 

spiracy.  I  would  like  to  submit  the  following  as  a  regulation 
question :  '  Have  you  formed  an  opinion  as  to  whether  or  not 
Dr.  Cronin  was  killed  in  pursuance  of  a  conspiracy  ? '  That  to 
he  followed  by  this  question :  '  Have  you  formed  an  opinion  as 
to  whether  or  not  any  one  of  these  defendants  was  concerned  in 
this  conspiracy,  or  was  a  member  of  said  conspirators  ? '  " 
The  Court — "  I  shall  permit  those  questions." 
Challenge  followed  challenge,  and  talesman  followed  tales- 
man out  of  the  box,  until,  on  September  29th,  the  record  stood 
thus: 

Special  veniremen   665 

Regular  panel 24 

Total 689 

Challenged  for  cause 487 

Accepted  and  sworn 4 

Accepted  by  both  sides 2 

Accepted  by  defense 1 

Excused  without  examination .      62 

Peremptories  by  State 57 

Peremptories — Coughlin 20 

Burke    20 

O'Sullivan 19 

Kunze 15 

Beggs 1 

—  76 

Total 689 

The  first  four  jurors  were  secured  on  September  18th. 
It  was  on  the  22nd  of  October  that  the  jury  was  completed. 
The  twelve  good  and  lawful  men  finally  chosen  were  :  James  A. 
Pearson,  John  Culver,  John  L.  Hall,  C.  C.  Dix,  Frank  Allison, 
Henry  D.  Walker,  George  L.  Corke,  W.  L.  North,  C.  E.  Marlor, 
E.  W.  Bontecou,  E.  S.  Bryan  and  B.  F.  Clarke. 

The  jury  in  point  of  intelligence  was  perhaps  one  of  the 
best  that  has  ever  been  selected  to  try  an  important  case.  In 
this  respect  it  was  infinitely  superior  to  either  of  the  "  boodle  " 


THE  LEGAL  BATTLE.  295 

Juries,  and  the  lawyers  claim  it  wns  fully  equal  to  the  jury  that  sent 
the  Anarchists  to  the  scaffold.  The  first  man  selected  was  James 
A.  Pearson,  a  farmer  at  Glenwood.  Mr.  Pearson,  according  to 
his  own  statement,  is  fifty-five  years  of  age,  but  he  does  not  look 
a  day  over  forty.  He  settled  in  Glenwood  seven  years  ago,  com- 
ing from  a  small  town  in  central  Illinois,  where  he  managed  a 
stock  farm.  He  is  descended  from  Pennsylvania  Dutch  parents, 
and  he  is  a  regular  communicant  in  the  Methodist  Church.  He 
is  a  slender  man,  about  five  feet  eight  inches  in  height,  and  his 
hair  and  mustache  are  slightly  tinged  with  gray. 

John  Culver,  of  Evanston,  is  a  real  estate  dealer  at  108 
Washington  Street.  He  is  a  native  Chicagoan  and  a  brother  of 
Martin  Culver,  the  well-known  lawyer.  Mr.  Culver  is  about 
forty  years  old,  a  member  of  the  Methodist  Church,  and  a  man 
of  a  good  deal  of  property.  He  is,  according  to  his  friends, 
essentially  a  listener,  and  it  was  predicted  that  he  would  place  an 
intelligent  construction  on  the  evidence. 

John  L.  Hall,  the  third  juror,  lives  at  Fernwood,  where  he 
has  a  pretty  little  home.  He  is  a  draftsman,  and  is  twenty-nine 
years  old.  At  one  time  he  was  employed  in  the  office  of  James 
J.  Egan,  and  at  a  still  earlier  period  he  was  connected  with  the 
Bryant  &  Stratton  Business  College.  Mr.  Hall  is  an  American, 
also  a  Methodist,  and  has  gained  some  distinction  in  church  cir- 
cles as  an  ardent  advocate  of  temperance  doctrines. 

Charles  C.  Dix,  of  122  North  Carpenter  Street,  has  been 
cashier  in  the  insurance  offices  of  W.  C.  RoUo  &  Co.,  210  La  Salle 
Street,  for  nearly  eight  years.  He  was  previously  in  the  employ 
of  the  Pittsburg  and  Fort  Wayne  Railroad  as  clerk.  His  reputation 
is  excellent.  He  lives  with  his  mother  and  sister,  whom  he  has 
supported  for  years. 

Henry  D.  Walker,  the  oldest  man  on  the  jury,  was  within 
two  years  of  the  age  when  men  are  exempt  from  wearing  the 
honors  of  a  legal  "  i)eer."  Mr.  Walker  lives  at  3738  Cottage 
Grove  Avenue,  where  he  conducts  an  extensive  upholstery  busi- 


296  THE  LEGAL  BATTLE. 

ness.     lie  was  born   in  Iroquois  County,  Illinois,  of    American 
parents. 

Frank  Allison  had  the  distinction  of  being  the  only  mechanic 
in  the  box.  He  is  a  machinist,  emploj^ed  by  C.  T.  Palmes,  at  the 
corner  of  Jefferson  and  Fulton  streets,  and  he  i»  said  to  be  an 
uncommonly  bright  young  fellow.  He  is  married,  and  lives  at 
3439  Redwood  Court,  Hyde  Park.  Allison  was  born  in  Bloom- 
ington,  Delaware  County,  N.Y.,  thirty-nine  years  ago. 

Charles  M.  Corke  was  the  only  man  on  the  jury  who  testified 
that  he  entertained  deep-seated  prejudice  against  the  Clan-na-Gael 
as  an  organization.  He  added,  however,  that  he  could  give  the 
defendants  a  fair  trial,  and  was  accepted  by  both  sides  without 
opposition.  Corke  is  a  drug  clerk,  an  American  of  English 
descent,  and  a  member  of  the  Methodist  Church.  He  is  also  a 
member  in  good  standing  of  the  Eoyal  League. 

William  North,  the  last  man  of  the  second  four,  manufac- 
tures machines  at  60  Michigan  Street,  and  lives  at  90  Walton 
Place.  He  is  described  by  his  friends  as  a  high-minded  gentle- 
man. He  is  a  native  of  Cleveland,  Ohio,  is  forty-three  years  old, 
and  a  member  of  the  Fourth  Presbyterian  Church. 

Edward  S.  Bryan  is  a  salesman  for  E.  J.  L.  Meyer  &  Co.,  of 
307  Wabash  Avenue,  dealer  in  law  books.  He  is  an  American, 
lives  in  May  wood,  and  is  a  member  of  the  Congregational 
Church. 

Elijah  Bontecou  is  a  salesman  for  Bissell  &  Co.  He  is  a 
native  of  Troy,  N.  Y.,  is  thirty-five  years  old,  and  has  lived  in 
Chicago  twenty -one  years. 

Charles  E.  Marlor,  the  eleventh  man,  lives  at  429  Washing- 
ton Boulevard,  and  has  been  a  resident  of  Chicago  nearly  three 
years.  He  was  born  in  New  York,  of  English  parents,  is  a  mem- 
ber of  the  Episcopal  Church,  and  is  twenty-nine  years  old.  His 
employers  are  Clark,  Raffen  &  Co. 

Benjamin  F.  Clarke,  the  twelfth  juror,  is  fifty-five  years  of 


THE  LEGAL  BATTLE.  297 

age,  and  has  been  engaged  in  the  real  estate  business  in  Chicago 
for  a  quarter  of  a  century.     He  lives  at  4132  Evans  Avenue. 

When  the  last  four  were  sworn  Judge  McConnell  ordered 
the  bailiffs  to  bring  in  the  eight  men  who  had  been  penned  up  in 
his  private  room  for  periods  ranging  from  four  to  seven  weeks. 
They  were  released  from  their  narrow  quarters,  conducted  to  the 
box  and  instructed  to  preserve  an  absolute  silence  toward  each 
other  as  to  the  merits  of  the  case  they  were  to  try.  Then 
they  were  sent  back  to  their  temporary  prison  to  await  the  bail- 
iffs who  had  been  detailed  to  look  after  their  comfort.  Once 
out  of  sight  of  the  crowd,  Pearson,  the  Glen  wood  farmer,  who 
had  been  in  custody  since  September  9,  let  loose  a  yell  that  rattled 
the  windows.  Even  staid  John  Culver  could  not  control  his  ex- 
uberance, and,  throwing  his  arms  around  Dix,  he  hugged  him 
until  Dix  cried  with  pain.  Hall  danced  a  hornpipe  to  the  air  of 
"Nancy  Lee,"  which  was  whistled  tunefully  by  Allison  and 
Walker.  Corke  and  Walker  shook  hands  with  each  other  and 
laughed  gleefully.  Marlor,  Bontecou  and  Bryan  laughed  at  the 
antics  of  their  brother  peers  and  congratulated  each  other  be- 
cause they  were  not  summoned  earlier. 

The  only  man  who  did  not  seem  to  be  happy  was  Mr. 
Clarke.  He  was  too  much  surprised  to  allow  any  other  emotion 
to  control  him.  His  bald  head  glistened  with  perspiration, 
his  face  was  very  red,  and  his  eyes  snapped  angrily.  He  ap- 
proached Judge  McConnell  and  demanded  an  explanation  of  his 
novel  situation.  He  asked  to  be  relieved  at  once,  pleading  urgent 
business  considerations  as  the  reason  why  his  demand  should  be 
complied  with.  Judge  McConnell  told  him  it  was  out  of  the 
power  of  the  court  to  consider  his  request. 

For  forty-five  days  the  work  had  gone  on,  and  1,115  venire- 
men were  examined  before  the  requisite  dozen  were  found.  All 
known  records  in  the  history  of  criminal  jurisprudence,  so  far  as 
time  is  concerned,  have  been  beaten  in  this  case.  The  Anarchist 
jury,  notwithstanding   that  the   seven  defendants  had    140  per- 


298  THE  LP:GAL  BATTLE. 

emptory  challenges,  was  procured  in  twenty-seven  days,  out  of 
982  veniremen,  and  the  jury  that  tried  the  omnibus  boodle  case, 
when  the  defendants  had  240  peremptories,  was  made  up  in  just 
eighteen  days  out  of  720  veniremen.  The  five  men  who  were  on 
trial  for  the  murder  of  Dr.  Cronin  had  only  100  peremptory 
challenges  to  their  credit. 

Seven  hundred  and  fifty-two  citizens  declared  that  they  could 
not  give  the  prisoners  a  fair  trial.  The  chosen  twelve  cost  the 
State  $3,800  in  fees  to  veniremen  alone. 

Of  the  twelve  men  chosen  six  were  tendered  by  the  defense 
to  the  State,  and  the  other  six  by  the  prosecution  to  the  defense. 
Those  tendered  by  the  defense  are  Messrs.  Culver,  Hall,  Dix, 
Walker,  Corke  and  Bontecou,  while  the  prosecuting  lawyers  were 
the  first  to  be  satisfied  with  Pearson,  Allison,  North,  Marlor, 
Bryan  and  Clarke. 

Although  in  point  of  time  I  should  have  interpolatiBd  the  ac- 
count of  the  jury-bribing  case  in  the  midst  of  the  account  of  the 
getting  of  the  jury,  it  has  been  deemed  best  to  make  of  this  epi- 
"X)de  a  chapter  by  itself. 

There  were  other  incidents,  however,  well  worth  the  telling. 
One  of  them  was  furnished  by  the  German,  Kunze,  who  was 
gradually  growing  desperate  over  the  failure  of  the  State  to  par- 
ticularize the  charge  against  him. 

One  day — it  was  September  23 — he  got  up  on  his  chair  in 
open  court  and  said : 

"  Your  honor,  I  would  like  to  talk  with  you." 

"  Have  your  attorney  talk  for  you,"  suggested  the  Judge  in 
a  kindly  tone. 

"  For  my  own  interest  1  would  like  to  talk  with  you  myself," 
replied  Kunze,  a  red  spot  in  each  cheek  bespeaking  the  nervous- 
ness he  felt.  "  Mr.  Longenecker,  last  Saturday,  have  said  if  I  was 
not  guilty  I  lose  nothing.  I  lose  my  health  in  the  jail,  and  that 
is  something.  He  will  nothing  give  me  by  which  I  can  prove  my- 
self what  I  done.     No  doctor  can  cure   a  man  what  don't  know 


THE  LEGAL  BATTLE.  299 

what  is  the  matter  with  him.  I  don't  know  what  I  done — no 
man  can  defend  himself  until  he  knows  what  he  done,  and  I  want 
Longenecker  to  tell  me  what  I  done  and  what  T  am  in  jail  for 
now,  anyway." 

Another  episode  in  which  there  was  much  interest  at  the 
time  was  the  determined  fight  which  Mr.  Forrest  made  to  get  some 
of  the  blood  from  the  Carlson  cottage  for  analysis.  One  day, 
after  a  great  many  technical  and  aggravating  obstacles  had  been 
put  in  his  way,  he  went  out  to  the  cottage  and  carried  away  some 
of  the  stained  wood  by  force  and  arms,  a  step  which  was  resented 
bitterly  by  the  Carlsons,  and  out  of  which  may  yet  grow  legal  com- 
plications. 

Still  one  more  break  in  the  general  monotony  was  the  escape 
of  the  witness  Dan  Carroll,  who  was  being  kept  with  some  other 
witnesses  in  a  house  at  3809  Cottage  Grove  Avenue  in  a  condi- 
tion of  quasi-imprisonment.  The  wildest  rumors  ran  about  town 
for  a  day  and  a  night:  it  was  a  blood-curdling  Triangle  plot  to 
frustrate  justice;  and  the  witness  Carroll  had  been  spirited  away 
as  part  of  the  great  conspiracy. 

The  sensation  died  as  quickly  as  it  was  born,  when  it  was  de- 
veloped a  day  or  two  later  that  Carroll  had  gone  back  to  work  at 
his  former  place  on  the  Gage  farm,  having  tired  of  the  confine- 
ment in  which  he  was  being  kept.  He  appeared  on  the  stand, 
subsequently,  and  testified  for  the  defense. 


Chapter  II. 

A  Bomb-shell  in  the  Court — Charges  of  Bribery — How  the  Crime 
was  Discovered — A  Talesman's  Story — $1,O0lO  for  a  Juror — 
Excitement  in  the  City — "Peaty's  in  the  Box" — Bailiffs 
Hanks  and  Salamon  Arrested — Other  Captures — Wild  Suspi- 
cions— John  Graham  in  Custody — His  Connection  with 
A.  S.  Trude,  Sullivan's  Lawyer — His  Antecedents — The 
"  J.  G."  Dispatch  again — Henry  N.  Stoltenberg  Brought  in 
— A  Special  Grand  Jury — Indictments  all  Around — An 
Amazing  Attempt. 


iHE  work  of  selecting  a  jury,  unbrightened  by  a  single  inter- 
esting episode,  and  running  over  the  same  ground  again  and 
again  and  again,  had  gone  on  until  the  11th  of  October, 
and  the  public  was  becoming  heartily  tired  of  the  whole  thing, 
when  suddenly  a  bomb-shell  was  exploded,  which  shook  the  very 
heart  of  the  city. 


MARK   SALAMON.  A.  J.  HANKS. 

There  is  a  magnetic  feeling  which  bends  the  newspaper  men 
to  the  quest  of  news.  Some  of  them,  it  is  said,  can  almost  smell 
a  "  scoop."  However  this  may  be,  there  was  some  sort  of  an 
attraction  which  brought  the  ablest  reporters  in  Chicago  to  the 
Criminal  Court  building  on  the  afternoon  and  evening  of 
October  11.     It  was  like  a  journalistic  convention  in  the  great 

(300) 


THE  LEGAL  BATTLE.  SOI 

marble-paved  rotunda;  yet  not  one  knew  what  he  was  looking 
for.  There  was  a  general  conviction  that  something  was  up,  but 
just  what  that  something  was  did  not  appear.  A  harder  night's 
work  "  the  boys  "  seldom  put  in  in  Chicago,  but  the  results  were 
nil^  save  a  few  possible  libel  suits  among  the  papers  that  des- 
perately suggested  the  next  morning  that  the  stenographer  in  the 
State's  Attorney's  office  had  stolen  all  tiie  records  in  the  case  and 
made  them  over  to  the  friends  of  the  prisoner  —  a  story  for 
which  there  was  not  a  shadow  of  foundation,  but  out  of  which 
will  grow  many  legal  complications. 

Tireless  watchers,  waiting  to  supply  an  eager  public  with  the 
very  latest  information,  watched  about  Judge  Longenecker's 
office  hour  after  hour.  It  was  brilliantlj^  lighted  within,  and  the 
police  were  rapidly  and  mysteriously  smuggling  people  in  and 
out,  with  every  possible  precaution  to  prevent  the  reporters  see- 
ing the  faces  of  the  people  that  were  in  apparent  duress. 

The  attorneys  themselves  were  manifestly  boiling  over  with 
excitement,  but  they  would  not  give  out  the  faintest  hint  of  what 
was  going  on,  and  when  the  last  journalistic  skirmisher  gave  it  up 
and  went  home  at  five  o'clock  in  the  morning,  the  lights  were  still 
lit  and  the  police  and  their  companions  still  coming  and  going. 

No  secret  that  the  newspapers  want  to  get  can  be  kept 
for  twenty-four  hours.  Indeed,  until  the  12th  of  last  October, 
it  was  thought  that  five  hours  was  about  the  limit,  and  it  is  nat- 
ural that  it  should  be  so.  Here  were  some  thirty  of  the  shrewdest 
investigators  that  could  be  gathered  together,  gentlemen  of  edu- 
cation and  special  newspaper  training  every  one  of  them,  each 
with  a  wide  circle  of  eager  friends,  and  each  fired  by  every 
incitement  of  the  newspaper  calling  to  uncover  the  mystery 
which  a  lot  of  mere  lawyers  and  a  bevy  of  ordinary  police  were 
tr3'ing  to  hide. 

Before  ten  o'clock  in  the  morning  the  secret  was  an  open 
one  —  an  attempt  had  been  made  to  bribe  the  Cronin  jury  ! 

Court  officials  were  mixed  up  in  it;  attorneys  standing  at  tke 


302  THE  LEGAL  BATTLE. 

very  head  of  the  profession  were,  it  was  said,  inculpated  ;  and 
the  men  who  had  all  along  been  pointed  at  as  the  heads  of  the 
conspiracy  were  openly  denounced. 

I  have  told  the  story  badly  if  the  reader  can  not  fancy  what 
a  burst  of  excitement  such  a  revelation  caused.  The  flagging 
and  dying  interest  in  the  trial  flamed  up,  and  the  doors  of  the 
court-room  were  besieged  by  a  mob.  Extras  sold  like  hot  cakes, 
and  people  who  did  not  know  each  other  stopped  on  the  streets 
to  discuss  the  very  latest  developments. 

Mr.  Longenecker  had  a  conference  with  Judge  McConnell, 
the  result  of  which  was  a  temporary  adjournment  of  the  trial,  and 
a  special  grand  jury  was  hurriedly  summoned  before  Judge 
Horton,  in  another  branch  of  the  Criminal  Court;  but  even  in  his 
charge  to  the  grand  inquest  Judge  Horton  did  not  tell  the  great 
secret.     His  charge  was : 

"  Matters  have  been  brought  to  the  attention  of  the  court 
that  make  it  seem  to  be  the  duty  of  the  court  to  summon  a  grand 
jury  in  this  hurried  manner.  Of  the  details  of  the  matters  which 
will  be  brought  to  your  consideration  I  am  unable  to  state. 
Indeed,  it  would  perhaps  be  improper  in  me  to  attempt  to  do  so. 
Your  term  of  service  will  necessarily  be  short,  and  will  depend 
chiefly  upon  yourselves.     The  court  will  await  your  service.  " 

It  was  George  Tschappatt  who  had  been  approached  with  an 
offer  of  money,  and  it  was  he  who  told  his  employer  what  the 
bribers  were  trying  to  do.  In  obedience  to  the  summons  as  a 
talesman  he  came  to  the  Court-house  Tuesday  afternoon,  and  sat  in 
the  ante-room,  but  was  not  called.  He  came  again  Wednesday 
morning,  remained  in  the  ante-room  again,  and  about  10:30 
o'clock  Mark  Salamon,  one  of  the  court's  bailiffs,  came  from  the 
court-room  into  the  ante- room.  He  was  an  old  friend  of  Tschappatt. 
The  wives  of  the  two  men  were  friends  before  they  were  married. 

Salamon  suggested  that  they  go  out  and  have  a  cigar,  and 
the  two  men  went  to  a  neighboring  saloon.  While  there  he  said 
to  Tschappatt: 


THE  LEGAL  BATTLE.  303 

"  Do  you  want  to  make  some  money  ?  '* 

The  venireman  innocently  answered,  "Certainly  I  do." 

"  Well,  you  get  on  the  jury  and  stick  for  an  acquittal  and 
you  will  have  $1,000.  The  contract  and  arrangement  can  be 
carried  out  with  your  wife.  It  can  be  arranged  so  that  she  shall 
wear  a  certain  colored  dress  if  the  money  is  paid  to  her  on  a 
certain  day.  If  the  money  is  not  paid  to  her  that  certain  day  she 
is  to  wear  a  different  colored  dress,  and  the  contract  is  to  be  ofif. 

Tschappatt  turned  reproachfully  to  his  friend  and  said: 
"I  am  not  that  kind  of  a  man,"  whereupon  the  bailiff  replied, 
*'I  am  working  for  the  court."  Salamon  then  pointed  to  a 
buggy  standing  outside  and  remarked,  "That  is  my  horse  and 
buggy." 

At  the  noon  adjournment  Tschappatt  went  back  to  his  place 
of  business,  and  subsequently  returned  to  the  Court-house  at  2 
o'clock,  after  which  he  was  called  to  the  jury  box,  where  he 
remained  until  4:30  o'clock,  when  he  was  excused  for  cause. 
On  leaving  the  Court-house  he  met  on  the  steps  leading  to  the 
sidewalk  the  man  who  had  attempted  to  bribe  him.  Salamon 
turned  to  him  and  said : 

"  Where  were  you  this  noontime  ?  I  looked  everywhere  for 
you.  They  said  they  would  make  it  $5,000,  and,  d — n  him,  make 
him  do  it." 

Tschappatt  reproached  Salamon  for  putting  so  low  an  esti- 
mate on  his  character,  and  returned  to  his  place  of  business.  He 
reported  the  proposition  to  his  employer,  who  the  following  day 
reported  it  to  the  prosecution. 

In  Mr.  Longenecker's  office  that  evening  Salamon  and 
Tschappatt  were  confronted. 

The  case  was  followed  vigorously,  and  another  bailiff,  A.  J. 
Hanks,  was  soon  in  the  toils.  Salamon  frankly  told  all  he  knew, 
which  was  that  Hanks  had  told  him  that  there  was  $2,000  in  it 
if  they  could  "fix"  a  juror  for  the  prisoners — $1,000  for  the  juror 
^nd   $1,000   for  themselves.     Other   information  was  procured 


304  THE  LEGAL  BATTLE. 

with  hard  work,  so  much  so  that  after  a  day's  work  the  special 
grand  jury  was  able  to  indict  the  following  named  persons: 

Alexander  J.  Hanks,  bailiff. 

Mark  Salamon,  bailiff. 

Fred  W.  Smith,  hardware  manufacturers'  agent,  Nos.  135 
and  137  Lake  Street. 

Tom  Kavanaugh,  contractor,  Franklin  Street.  He  at  one 
time  had  been  engineer  at  the  insane  asylum,  and  his  partner  had 
been  summoned  as  a  venireman  in  the  present  case,  and  peremp- 
torily excused  by  the  State. 

Jeremiah  O'Donnell,  recently  appointed  United  States  reve- 
nue ganger. 

Joseph  Konen,  fruit  dealer,  No.  246  West  Madison  Street, 
who  was  to  get  the  $1,000  from  Hanks. 

To  this  list  was  subsequently  added  the  name  of  John  Gra- 
ham, a  clerk  in  the  law  office  of  A.  S.  Trude. 

Graham  was  charged  with  having  employed  Fred  W.  Smith, 
the  manufacturers'  agent,  to  bribe  Harris  Wolf,  Louis  Alexander, 
and  Louis  Herzog,  three  possible  jurors.  The  list  of  men  whom 
Bailiff  Salamon  was  to  approach  was  in  Graham's  handwriting, 
and  this  list  had  been  given  by  Hanks  to  Salamon. 

When  questioned  on  this  point  Hanks  at  first  denied  that  he 
had  done  anything  wrong,  but  when  he  was  confronted  by  Konen 
and  Salamon,  his  dupes,  who  reiterated  the  stories  they  had  told 
and  retold,  he  reluctantly  admitted  that  he  had  entered  into  a 
conspiracy  with  John  Graham  to  procure  a  juror  who  would  vote 
for  the  acquittal  of  the  five  men  who  are  on  trial  for  the  murder 
of  Dr.  Cronin.  He  declined,  however,  to  enter  into  the  details 
of  his  interviews  with  Graham,  which,  he  admitted,  were  very 
frequent,  but  when  he  was  pressed  hard  for  an  explanation  of  his 
possession  of  the  list  of  names,  which  he  had  handed  to  Sklamon 
in  the  court-room,  he  said  he  got  them  from  Graham. 

"Where  did  he  give  them  to  you.?"  asked  one  of  the  State's 
atttorneys  who  had  been  called  to  participate  in  the  interview. 


THE  LEGAL  BATTLE.  305 

"In  a  saloon  on  Clark  Street,"  said  Hanks. 

"What  did  he  say  about  them?" 

"Only  that  they  were  all  safe  men,  who  could  be  found  at 
their  places  of  business  or  their  homes  any  day  in  the  week." 

"  Did  he  give  you  any  instructions  about  how  they  ought  to 
be  summoned  ?" 

"Only  that  we  were  to  tell  them  how  to  act  in  order  to  pass 
the  State  and  the  defense." 

" Did  you  keep  a  copy  of  that  list  for  your  own  use?" 

"I  did." 

"Why  didn't  you  keep  the  original,  instead  of  trusting  it  to 
a  man  whose  courage  you  knew  nothing  about?" 

"Because  I  didn't  pay  much  attention  to  the  particular  list 
I  gave  Salamon,  and  didn't  notice  that  I  gave  him  the  one  in 
Graham's  handwriting." 

"Are  you  willing  to  go  before  the  grand  jury  and  swear  to 
these  facts?" 

"I  will  if  you  haven't  all  the  testimony  you  want,  but  I'd 
rather  not  if  I  can  be  spared." 

It  was  determined,  after  a  long  consultation  between  the 
lawyers,  that  Hanks'  testimony  would  not  be  necessary  to  convince 
the  grand  jury  of  Graham's  guilt.  His  own  handwriting,  com- 
bined with  the  testimony  of  Fred  W.  Smith,  who  finally  yielded 
to  the  enormous  pressure  that  was  brought  to  bear  on  him,  was 
enough  for  the  purpose  of  the  ex  parte  proceeding.  A  legal 
document  which  Graham  had  prepared  in  a  criminal  case  a  few  years 
ago,  was  taken  from  the  records  of  the  court,  and  the  jury  was 
enabled  to  make  a  close  comparison  between  it  and  the  handwrit- 
ing on  the  strip  of  paper  containing  the  list  of  crooked  jurors. 
A  single  glance  satisfied  them  that  one  man  wrote  both,  but  they 
were  strongly  fortified  in  their  determination  to  indict  by  the 
testimon}'-  of  Smith  and  Bailiff  Salamon. 

Smith's  story  of  his  connection  with  Graham  is  in  some 
respects  a  pathetic  one.     Several  months  ago  he  was  appointed 


306  THE  LEGAL  BATTLE. 

executor  of  a  small  estate,  which  was  in  such  a  badly  crippled 
condition  that  he  was  forced  to  engage  A.  B.  Jenks,  who  is  A.  S. 
Trade's  law  partner,  to  help  him  carry  it  through  the  Probate 
Court.  It  required  months  to  dispose  of  the  matter,  and  Smith 
ultimately  was  forced  to  spend  a  good  deal  of  his  time  in  the  offices 
of  Trude  &  Jenks.  There  he  met  Graham,  and  almost  before 
either  knew  it  quite  an  intimacy  had  sprung  up  between  the  two. 
Things  ran  along  in  this  way  until  August,  when  one  day  Graham 
appeared  in  Smith's  office.  He  chattered  with  the  manufacturers' 
agent  for  a  while,  and  in  a  delicate  way  called  his  attention  to  the 
fact  that  he  was  not  prospering  very  fast. 

"  Well,  I  should  say  I  was  not  prospering,"  said  Smith. 

"Can't  you  work  up*  business  any?"  Graham  asked. 

"No,  I  can't,  no  matter  how  hard  I  try,  and  my  bills  are 
accumulating  every  month,"  said  Smith,  with  an  impatient  wave 
of  his  hand. 

"Got  any  money  now .?"  Graham  asked. 

"Only  a  dollar,  which  I  borrowed  this  morning  to  buy  lunch 
with." 

"Say,  Smith,"  said  Graham,  in  a  lower  tone  than  he  had  been 
using,  "I've  got  a  little  scheme  which  I  think  there  is  a  good  deal 
of  money  in,  if  the  right  man  takes  hold  of  it." 

"What  is  it,"  -the  agent  asked,  with  the  dejected  air  of  a  man 
who  had  heard  of  schemes  before. 

"Why,  it's  simple  enough,  but  it  will  require  some  judgment 
and  nerve." 

"Tell  me  what  it  is." 

"It's  worth  $1,000  cash  down  to  the  right  man,"  said  Graham 
nonchalantly. 

Graham,  cautiously  at  first,  but  with  greater  detail  as  he 
proceeded,  unfolded  the  preconceived  plot  to  procure  bribed  ju- 
rors to  try  the  men  who  were  on  trial  for  the  murder  of  Dr.  Cro- 
nin.  He  said  that  it  was  absolutely  necessary  to  defeat  the  ends 
of  justice  in  this  case  to  save  certain  men,  whom  he  described  ag 


THE  LEGAL  BATTLE. 


307 


good  and  reliable  citizens,  from  the  humiliation  of  standing  trial 
in  the  future  for  alleo^ed  participation  in  the  same  crime.  "  The 
whole  trouble  is,'*  said  Graham,  "that  public  opinion  is  so  aroused 
that  it  will  be  impossible  for  Coughlin  and  the  others  to  get  a  fair 
trial;  hence  we  must  protect  them  from  the  clamor  by  the  only 
means  that  lies  in  our  power  to  use."  He  continued  to  argue  in 
this  strain  for  awhile,  and  Smith  claims  that  he  was  more  than 
half  satisfied  that  the  murderers  were  really  in  need  of  some  sort 
of  outside  assistance. 


John  Graham. 
This  resolution  once  taken,  it  was  not  a  difficult  matter  for 
Smith  to  plunge  into  the  plot  with  all  the  enthusiasm  of  a  man 
who  had  the  life  and  liberty  of  a  friend  at  stake.  He  not  only 
received  suggestions  from  Graham,  whom  he  met  almost  daily, 
but  he  offered  suggestions  of  his  own.  He  selected  Wolf,  Alex- 
ander and  Herzog,  whom  he  had  known,  and  presented  their  names 
to  Graham,  who  promised  that  they  would  be  furnished *to  the 
right  bailiff.  He  also  suggested  a  good  many  other  names,  and 
agreed  to  use  his  influence  in  procuring  them  for  the  jury,  but  be- 
fore he  could  do  so  the  conspiracy  was  discovered  and  he  was  in- 
continently thrown  into  a  cell  at  the  Chicago  Avenue  Police  Station. 


308  THE  LEGAL  BATTLE. 

On  October  17th  Henry  N.  Stoltenberg,  Alexander  Sulli- 
van's private  secretary,  was  brought  in  most  mysteriously  to  the 
State's  Attorney's  office.  Again  all  sorts  of  rumors  flooded  Chi- 
cago, but,  after  a  day  and  night  of  unavailing  pumping,  Stolten- 
berg was  released,  just  as  habeas  corpus  proceedings  had  been 
begun  on  his  behalf  by  his  friends.  He  was  not^suspected  of  any 
complicity  in  the  jury-bribing  case ;  but  he  had  been  often  seen  in 
John  Graham's  company,  and  the  story  also  ran  that,  immediately 
after  his  release  on  bail,  Kavanaugh,  one  of  the  suspects,  had  gone 
to  Alexander  Sullivan's  office  and  had  a  quarrel  with  him  in  Stol- 
tenberg's  presence.     His  arrest  was  merely  a  fishing  trip  after  all. 

In  connection  with  Graham's  arrest,  the  Times  called  atten- 
tion to  the  famous  "J.  G."  dispatch  to  Winnipeg,  heretofore  re- 
ferred to,  making  arrangements  for  Martin  Burke's  comfort  and 
protection  on  his  way  back  to  Chicago,  and  after  some  very  in- 
genious detective  work  substantially  established  the  fact  that  it 
was  John  Graham  who  sent  the  telegram. 

The  amazing  attempt  to  corrupt  the  jury  was  received  on 
every  side  as  almost  a  sentence  of  death  on  the  prisoners,  although 
neither  they  nor  their  lawyers  were  charged  with  any  complicity 
in  the  attempted  crime.  The  effect,  it  was  believed,  would  be  to 
deter  any  juror  who  found  himself  in  a  minority  against  convic- 
tion from  standing  out  against  a  verdict,  lest  people  should 
believe  that  he  had  been  bribed  to  do  so. 

All  the  attorneys  for  the  prosecution  declared  that  a  most 
searching  examination  had  been  made  into  any  possible  attempts 
to  tamper  with  the  accepted  jurymen,  and  that  they  were  satis- 
fied that  the  men  in  the  box  were  good  men  and  true,  whose 
verdict  would  be  an  honest  one  delivered  solely  with  regard  to 
their  oaths  and  their  duty. 

They  also  candidly  stated  that  there  was  nothing  in  the 
evidence  which  they  had  procured  which  reflected  in  the  slightest 
fashion  upon  the  honor  of  the  attorneys  for  the  defense. 


THE  LEGAL  BATTLE.  309 

The  jary-bribing  cases  will  not  be  tried  until  after  the 
Cronin  case  is  disposed  of.     All  of  the  accused  are  out  on  bail. 

The  case  against  them  is  direct  and  simple.  John  Graham 
is  accused  of  preparing  corrupt  lists  of  jurors,  or  perhaps,  more 
exactly,  lists  of  jurors  who  might  be  corrupted.  Hanks  and 
Salamon  are  accused  of  approaching  talesmen  and  offering  them 
bribes.  Hanks  is  accused  of  securing  the  summons  of  corruptible 
talesmen,  with  another  person  not  indicted.  Kavanaugh,  O'Don- 
nell  and  Smith  will  have  to  answer  the  charge  of  offering  bribes 
to  men  who  were  to  be  chosen  on  the  jury ;  and  J.  Konen  is  a 
talesman  who  is  said  to  have  agreed  to  take  a  bribe. 

Salamon,  Hanks  and  Smith  will  be  used  as  State's  evidence, 
and  the  charges  against  the  others  will  be  pushed. 

Tlie  penalty  for  tampering  with  a  juror  in  Illinois  is  five 
years'  imprisonment,  or  one  year's  imprisonment  and  a  fine  of 
$1,000. 


Chaptee  III. 

The  Jury  Complete — Who  the  Men  Were — Longenecker  Opens 
the  Case — What  the  State  Agreed  to  Prove — The  Coil  of 
Evidence — Getting  Down  to  Hard  Work — "Call  Henry 
Roesch" — The  Finding  of  the  Body — Cronin's  "Base-ball 
Finger" — A  Tailor's  Tale — Leg  Measurements — What  a 
Barber  Remembered — The  Scar  on  the  Head — Maurice  Mor- 
ris and  Joseph  O'Byrne — Completing  the  Identification — The 
Dentist  and  the  Teeth. 


$)HUS  everything  was  at  last  ready  for  the  opening  of  the 
real  work  of  the  great  trial.  Popular  curiosity  was  on  tip- 
toe to  discover  what  line  the  State  was  going  to  take ;  so 
many  baseless  and  sensational  rumors  had  been  spread  about  the 
town  that  the  most  contradictory  expectations  were  entertained  as 
to  what  the  State's  case  would  be.  One  party  would  have  it  that 
either  Burke  or  Beggs  was  to  go  on  the  stand  for  the  State;  an- 
other, that  new  arrests  would  be  made,  in  consequence  of  the  nec- 
essity which  would  be  put  upon  Judge  Longenecker  to  show  his 
whole  hand;  still  another  declared  that  the  State  would  depend 
almost  wholly  upon  circumstantial  evidence,  and  that  the  "moun- 
tain peaks"  of  the  case  had  already  been  mapped  out  and  given 
to  the  public.  The  latter  were  very  nearly  correct.  Judge  Lon^g- 
enecker's  speech  was  a  long  one,  but  not  a  surprising  one.  It 
was  a  rehearsal  of  the  facts  already  known,  but  it  was  so  clear 
and  cogent  a  rehearsal  of  them  that  it  merits  reproduction  here, 
.'.Jilmost  in  full : 

"We  claim,"  he  began,  "that  the  murder  of  Dr.  Cronin,  as 
we  shall  prove  it  was  a  murder,  was  brought  about  by  a  conspir- 
acy. These  men  are  charged  with  having  murdered  Dr.  Cronin. 
The  evidence  we  shall  introduce  will  be  to  show  a  conspiracy  to 
murder  Dr.  Cronin.  The  evidence  that  we  shall  introduce  will 
be  that  in  the  conspiracy  which  was  formed  and  carried  into  exe- 

(310) 


THE  LEGAL  BATTLE.  311 

cution,  terminating  in  the  killing  of  Dr.  Cronin,  all  the  conspira- 
tors are  liable  for  murder,  and  the  punishment  for  conspiracy  ends 
in  the  punishment  for  murder.  That  is  the  position  we  take  in 
this  case. 

"After  the  night  of  May  4,  at  7  :30  o'clock,  nothing  was  seen 
or  heard  of  Dr.  Cronin,  except  as  we  shall  prove  that  the  same 
hidden  hand  that  worked  and  moved  this  conspiracy,  that  con- 
cocted this  scheme,  was  again  working  in  this  community  to  lead 
the  people  to  believe  that  Dr.  Cronin  was  still  alive.  That  same 
hidden  hand,  that  same  mysterious  work  upon  which  the  conspir- 
acy rests  in  this  case,  was  at  work  trying  to  make  the  people  of 
this  community  believe  that  Dr.  Cronin  was  not  murdered,  but 
was  still  alive.  Not  content  with  having  beaten  out  his  life,  not  con- 
tent with  having  laid  him  to  rest  in  a  sewer,  the  same  conspirators 
that  brought  it  about  were  again  at  work  for  the  purpose  of  blast- 
ing the  character  and  reputation  of  the  man  they  had  murdered. 
And  until  May  22  the  people  all  over  this  city  and  country  had 
doubts  as  to  whether  the  poor  man  was  even  killed,  much  less  that 
the  men  who  killed  him  were  boring  around  hunting  for  his  body. 
But  May  22,  when  that  body  was  found,  stripped  of  all  earthly 
effects,  then  there  awoke  in  this  community  a  desire  that  the 
guilty  men  should  be  brought  to  justice,  and  that  the  law  should 
be  executed ;  and  they  began  to  look  and  hunt  for  the  perpetra- 
tors of  the  crime. 

"What  was  it  that  prompted  men  to  kill  Cronin  ?  What  was 
it  that  took  him  from  his  home  at  that  hour  of  night,  sent  on  a 
mission  of  mercy,  but  instead  brought  him  to  his  death  ?  What 
was  it  ?  And  for  that  reason  we  must  go  into  the  history  of 
an  organization  in  this  country,  and  show  you  a  motive  in  the 
case.  I  say  we  always  look  for  a  motive,  because  there  is  never 
a  crime  committed  without  a  motive.  In  this  case,  while  it  is  not 
absolutely  necessary  that  a  motive  should  be  shown,  yet  we  be- 
lieve that  we  can  show  that  motive  so  clearly  to  your  minds  that 
you  will  be  satisfied  that  we  have  established  the  history  of  the 
crime,  and  the  guilt  of  the  accused  on  trial. 

"In  order  to  get  at  the  motive  we  must  examine  into  the  his- 
tory of  the  organization  in  this  country  known  as  the  United 
Brotherhood,  commonly  called  the  Clan-na-Gael,  established  in 
1869.  Remember,  now,  that  you  are  not  called  upon  here  to  try 
the  Clan-na-Gael  organization.  If  that  organization  has  no  right 
to  exist,  then  it  is  the  duty  of  the  Government  under  which  it 


312  THE  LEGAL  BATTLE. 

exists  to  take  hold  of  that.  This  organization  began  its  existence 
in  1869,  and  was  organized  for  the  purpose  of  freeing  Ireland  by 
force  of  arms.  Into  that  organization  went  patriotic  Irishmen. 
Into  that  organization  went  Irishmen  for  political  effect.  Into 
that  organization  went  Irishmen  for  the  money  that  was  in  it. 
Remember  that  this  organization  required  every  member  to  be  of 
Irish  descent;  that  its  sworn  duty  was  loyalty  to  Ireland;  that 
every  move  was  to  be  made  in  the  interests  of  freeing  that  country 
when  the  time  came  for  movement  in  that  direction — not  by 
peaceful  work,  but  by  legitimate  warfare.  That  was  the  object 
for  which  it  was  organized. 

"Now  there  is  no  question  that  that  organization  was  created 
for  the  purpose,  as  I  say,  of  freeing  Ireland  by  war,  and  a  great 
many  patriotic  Irishmen  who  looked  across  the  waters  and  saw 
the  suffering  of  their  people  in  their  native  land  went  into  the 
organization  in  good  faith,  believing  that  some  day  they  would 
set  Ireland  free,  and  give  her  a  republican  form  of  government. 
At  that  time  there  was  an  executive  board  composed  of  one  mem- 
ber from  each  district,  but  in  1881,  in  Chicago,  this  organization 
met  in  national  convention,  and  they  selected  on  that  board 
Alexander  Sullivan,  Feeley  and  Boland,  and  they  reduced  the 
executive  board  to  five  men.  Thus  three  men,  it  will  be  seen, 
constituted  the  majority  of  that  executive.  The  members  of  this 
executive  board  had  the  right  to  do  and  to  command,  and  no  one 
had  the  right  to  disobey.  Whatever  they  said  must  be  done. 
The  members  had  to  do  it ;  they  were  sworn  to  do  it,  and  the 
laws  of  that  organization  arose  above  the  Government  and  every- 
thing else.  As  soon  as  Alexander  Sullivan,  Feeley  and  Boland 
took  charge  of  the  executive  board,  they  began  to  send  out  their 
circulars  and  began  to  adopt  a  different  form  of  work  in  this 
order." 

Mr.  Forrest  here  objected  to  the  State's  Attorney  bringing  in 
alleged  doings  of  the  Triangle  at  this  state  of  the  case.  The 
court  overruled  the  objection,  exception  was  taken,  and  Mr. 
Longenecker  proceeded : 

"  If  the  Triangle  directed  a  man  to  go  and  kill  another  man 
in  England,  it  had  to  be  done.  The  order  was  supreme.  In  1 884 
they  adopted  a  figure,  which  they  called  the  Triangle,  to  desig- 
nate the  controlling  board.  The  members  did  not  dare  know  who 
the  executive  members  of  this  board  were.     It  was  the  closest 


THE  LEGAL  BATTLE.  313 

corporation  that  ever  existed,  and  you  can  readily  see  why  it  was 
that  they  should  carry  out  what  they  did  without  its  coming  to 
the  surface.  In  1884  they  adopted  that  symbol,  and  they  had 
then  begun  what  they  call  their  active  work.  They  detailed  men 
from  different  parts  of  the  country  belonging  to  the  order  to  go 
and  do  special  work.  They  were  sent  to  England  under  assumed 
names.  No  one  could  know  that  Mr.  Brown  or  Mr.  Flannigan 
was  detailed  to  go  and  do  certain  work  except  the  person  detailed. 
When  a  man  was  sent  to  England  he  was  given  an  assumed  name 
by  this  board,  who  pretended  to  have  an  agent  in  England,  and 
he  was  ordered  to  report  there  for  funds.  He  went  there,  and  I 
say  to  you  that  somebody  there  made  known  who  the  man  was 
and  what  he  was  detailed  to  do,  and  he  was  immediately  arrested 
and  thrown  into  prison.  To-day  the  prison  doors  in  England  are 
locked  against  twenty  or  more  men  who  were  sent  there  by  that 
board.  This  was  done  for  the  purpose  of  enabling  them  to  steal 
the  funds  which  had  been  accumulated  for  legitimate  purposes,  as 
they  thought.  They  had  to  make  an  excuse  for  using  the  funds  of 
this  order,  and  that  went  on  until  at  last  they  made  their  last  re- 
port, which  was  intended  to  scare  the  order  by  stating  that  Eng- 
lish detectives  were  among  them,  and  it  was  decided  that  they 
should  not  have  their  annual  convention,  but  instead  it  was  rec- 
ommended by  those  in  favor  of  the  Triangle  that  they  should 
have  sole  control  of  the  matter.  A  meeting  was  held  by  those 
who  favored  that  Triangle,  and  they  destroyed  every  vestigee  of 
work  they  had  done ;  they  destroyed  their  books,  and  then  sent 
out  a  circular  showing  that  the  order  was  indebted  to  them  $13,- 
000,  notwithstanding  when  they  took  hold  of  it  they  had  a  fund 
of  $250,000  in  the  treasury.  That  created  considerable  dissen- 
sion. Men  would  not  stand  that,  and  they  drew  out  and  started 
a  new  organization  of  their  own.  Camp  after  camp  was  started 
by  those  who  were  opposed  to  these  three  men,  and  who  were 
opposed  to  the  Triangle  which  had  diverted  the  organization 
from  its  legitimate  object  and  had  sent  men  to  prison,  committed 
crime  upon  crime,  and  squandered  and  stolen  the  funds  of  the  or- 
ganization. 

"  I  mention  Dr.  Cronin  now  because  it  is  involved  in  this 
case  that  others  began  to  organize  camps  of  their  own.  They 
began  and  organized  a  number  of  other  camps  that  were  the  same 
as  the  others,  and  these  latter  organizations  grew  and  kept  grow- 
ing.    But  before  that  was  done  Dr.  Cronin,  in  his  camp,  read  his 


314  THE  LEGAL  BATTLE. 

circular  from  one  of  these  camps  protesting  against  the  action  of 
this  board ;  and  for  that  and  nothing  else  Dr.  Cronin  was  tried. 
Alexander  Sullivan  prosecuted,  and  he  was  expelled  for  treason. 
That  was  in  1885,  in  this  city.  Brown,  of  the  South  Side  camp, 
made  the  charge.  Daniel  Coughlin,  one  of  the  defendants  here, 
sat  on  the  committee  that  branded  Dr.  Cronin  as  a  traitor.  Le 
Caron  was  on  the  committee,  as  we  will  show.  This  committee 
suspended  Dr.  Cronin  for  treason,  and  all  that  treason  consisted 
of  was  the  fact  that  he  had  read  a  circular  protesting  against  the 
work  of  the  Triangle  that  was  robbing  these  men  of  their  fund 
that  was  raised  for  the  purpose  of  helping  poor  Ireland  in  her  dis- 
tress." 

The  Court  (interrupting) — "  I  cannot  regard  that  as  proper 
comment  in  this  case  at  this  time,  Mr.  Longenecker.  I  cannot 
regard  as  legitimate  anything  about  Dr.  Cronin's  motives." 

The  State's  Attorney — "  If  the  court  will  wait  we  will  show 
where  it  comes  in.  Now,  gentlemen,  at  that  time  Coughlin  and 
certain  other  elements  stood  by  the  Triangle,  and  certain  others 
stood-by  Dr.  Cronin.  New  camps  were  organized,  until  finally, 
iti  1880,  in  June,  in  this  city,  they  held  a  joint  convention  thnt 
was  called  a  union  convention.  Remember,  in  the  meantime  this 
Triangle  had  disappeared.  They  had  got  out.  Alexander  Sulli- 
van had  left  tiie  order.  As  to  the  others  I  do  not  know.  When 
this  union  convention  was  called  the  members  of  the  order  were 
in  favor  of  it.  They  met  in  this  city,  but  at  that  convention 
charges  were  made  against  the  ex-executive  committee  or  board 
against  the  Triangle,  charging  them  with  these  things  that  I  tell 
you  of.  That  was  charged  by  Cronin  and  by  Devoy.  At  that 
convention  a  committee  of  ten  was  appointed.  By  that  commit- 
tee the  question  as  to  what  was  to  be  done  with  these  charges  was 
considered.  That  committee  reported  that  an  investigation  be 
made  by  a  trial  committee — that  a  committee  be  appointed  to  try 
Alexander  Sullivan,  Feeley  and  Boland.  That  committee  was  se- 
lected, three  from  one  side,  three  from  another, — that  is,  from 
two  factions.  Dr.  Cronin  was  selected  as  one  of  the  committee- 
men. V  r^*^ 

"  This  committee  met  in  August  or  last  year,  and  had  the 
trial  of  these  men  in  Buffalo,  N.  Y.,  at  which  place  Alexander 
Sullivan  and  these  two  other  men  appeared  and  made  their  de- 
fense. There  was  an  effort  made  to  require  the  secretary  to  sup- 
press the  records,  to  destroy  everything  that  was  said  and  done, 


THE  LEGAL  BATTLE.  315 

to  keep  no  record  of  the  trial.  There  was  also  a  protest  there 
made  by  Alexander  Sullivan  that  Dr.  Cronin  be  not  permitted  to 
sit  on  the  committee,  but  the  other  members  of  the  committee 
decided  that  they  had  no  right  to  set  him  aside.  The  committee 
was  there  in  session  for  days  and  days  hearing  evidence.  That 
evidence,  as  we  have  it,  will  be  introduced  here.  Dr.  Cronin  took 
the  evidence  fully,  and  witnesses  and  facts  were  produced  to 
show  what  they  had  done  in  the  old  country,  what  had  been  done 
across  the  water  under  the  direction  of  this  Triangle — all  their 
active  work  was  shown." 

Mr.  Longenecker  then  went  into  the  quaryel  between  Cronin 
and  Alexander  Sullivan,  already  described  in  these  pages,  calling 
especial  attention  to  the  fact  that  the  report  of  the  investigating 
committee  was  not  sent  out  to  the  camps  until  the  5th  or  6th  of 
May.     He  continued  : 

"Now  remember  and  keep  this  together:  That  that  report 
was  not  sent  out  till  after  Cronin's  disappearance,  and  that  it  was 
on  the  presumption  that  he  would  never  be  found.  And  in  order 
to  fill  up  the  Irishmen  who  belong  to  that  organization  with  the 
belief  that  Alexander  Sullivan  was  right  in  charging  that  Dr. 
Cronin  had  sworn  allegiance  to  the  English,  that  he  was  a  spy  and 
a  traitor  to  the  cause,  they  caused  a  report  to  be  spread  broadcast 
among  these  people  that  Cronin  had  fled.  They  had  the  word  go 
out  that  Dr.  Cronin  had  run  away.  They  charged  that  Dr. 
Cronin  was  not  killed,  but  that  he  merely  disappeared  of  his  own 
accord,  and  that  he  was  another  Le  Caron. 

''  There  were  two  objects  in  ruining  Dr.  Cronin's  record  as  a 
citizen.  It  was  done  in  order  to  build  up  this  Triangle  and  make 
that  again  the  power  to  move  the  workings  of  the  order.  That 
was  another  reason.  Now,  if  it  was  only  intended  that  Cronin 
should  be  considered  guilty,  they  could  have  had  him  killed  in  the 
streets,  but  they  never  intended  to  have  the  community  under- 
stand that  Cronin  was  dead,  and  that  is  why  I  made  the  remark 
that  the  same  unseen  hand  that  had  regulated  this  conspiracy  and 
concocted  it  and  taken  away  the  life  of  Dr.  Cronin  had  gone  to 
work  making  this  public  believe  that  Dr.  Cronin  still  lived,  and 
that  he  would  appear  on  the  other  side  of  the  water  a  traitor  to 
the  cause  in  which  he  was  enlisted.  But  you  still  ask,  where  is 
the  motive  for  these  men  to  do  this?    Here  it  comes  in:    For 


316  THE  LEGAL  BATTLE. 

Dr.  Cronin  to  publish  all  of  this  evidence  to  the  camps  as  he  pro- 
posed to  do  was  to  ruin  the  Triangle  with  the  Irish  people  and  to 
convict  these  men  of  embezzling  these  funds  that  had  been  ac- 
cumulating for  years;  convict  them  of  being  guilty  of  the  viola- 
tion of  the  law  of  this  country  and  of  England ;  prove  them  to 
be  traitors  to  the  Irish  cause;  pix)ve  them  not  only  to  be  embez- 
zlers, violators  of  the  laws  of  two  countries,  but  traitors  to  the 
cause  in  which  these  people  had  enlisted,  instead  of  doing  that 
which  was  to  benefit  poor  old  Ireland — to  brand  them  the  worst 
men  on  earth  among  the  Irish  people. 

"  Then  they  began  to  educate  the  rank  and  file.  Coughlin 
went  along  the  street  saying  that  Cronin  was  a  traitor  and  Le 
Caron  a  spy.  Men  would  whisper,  too,  and  state  that  Cronin 
would  turn  up  on  the  other  side.  In  Camp  20,  on  the  night  of 
February  8 — to  show  j^ou  how  far  back  this  education  began — 
they  began  to  educate  the  rank  and  file  that  Cronin  was  another  Le 
Caron;  they  led  them  to  believe  that  this  patriotic  Irishman  who 
was  demanding  an  investigation  of  these  men — a  man  who  stood 
up  and  demanded  the  rights  of  those  Irish  people  belonging  to 
the  order,  who  demanded  a  prosecution,  who  demanded  that  these 
men  be  exposed  who  were  the  real  traitors  to  the  cause — was  a  spy; 
that  he  was  a  Le  Caron,  and  was  waiting  to  go  to  England  to  tes- 
tify as  did  Le  Caron.  That  is  the  motive  that  existed  with  the 
Triangle.  Then  Coughlin,  who  sat  on  the  committee  which  ex- 
pelled Cronin  as  a  traitor,  and  others  who  understood  that  Cronin 
was  opposed  to-  the  Triangle,  defended  the  Triangle  and  abused 
Cronin.  So  that  the  man  began  to  educate  others  in  the  order 
that  Dr.  Cronin  was  in  reality  a  traitor  to  the  cause.  The  purpose 
was  that  these  men  should  conspire  to  remove  Dr.  Cronin,  believ- 
ing that  he  was  a  spy. 

'' We- propose  to  prove  in  this  case  that  Daniel  Coughlin, 
Patrick  Cooney,  Martin  Burke  and  Patrick  O'Sullivan  all  be- 
longed to  Camp  20,  and  that  the}^  met  here  on  the  North  Side. 
We  will  prove  that  John'  F.  Beggs  was  Senior  Guardian  of  that 
camp.  February  8,  with  Beggs  in  the  chair  as  Senior  Guardian, 
some  member  in  the  camp — Le  Caron  had  been  testifying  in  re- 
gard to  the  secret  workings  of  the  order  for  two  days  in  London — " 

Mr.  Forrest — "Can  you  prove  that  ?" 

Mr.  Longenecker — "Yes,  sir;  I  can  prove  it  by  you.  They 
had  been  charging  that  there  were  other  spies  and  they  said  that 


THE  LEGAL  BATTLE.  317 

they  wanted  to  get  rid  of  these  Le  Carons.  One  man  got  up  and 
said  that  the  best  thing  that  could  be  done  before  talking  about 
spies  in  their  camp  was  to  get  ready  to  investigate  the  Triangle ; 
that  the  ex-executive  board  had  robbed  them  of  their  funds  and 
ought  to  be  investigated  first.  Daniel  Coughlin  and  several  others 
jumped  to  their  feet  and  wanted  to  know  where  he  got  the  right 
to  charge  that.  He  stated  that  he  had  been  in  the  camp  and  heard 
part  of  the  report  read  in  which  it  was  shown  that  they  had  used 
the  funds  of  the  order.  Daniel  Coughlin  moved  that  a  secret  com- 
mittee be  appointed  to  investigate  the  matter.  It  was  seconded 
and  carried.  Their  records  will  show  that  it  was  a  committee  of 
three.  That  motion  was  carried  and  entered  of  record,  and  we 
will  present  it  to  you  here.  It  was  that  the  Senior  Guardian  appoint 
a  secret  committee  to  investigate  these  charges  made  and  read  in 
another  camp — Dr.  Cronin's  camp.  February  16  the  Senior 
Guardian  wrote  to  the  Senior  District  Officer,  who  is  Mr.  Spel- 
man  of  Peoria,  telling  him  to  investigate  this  matter.  The  dis- 
trict officer  February  1 7  wrote  to  John  F.  Beggs,  Senior  Guardian, 
that  he  could  not  investigate  unless  the  charges  were  made  di- 
rectly to  him.  Mr.  Beggs  February  18  wrote  back  to  him  that 
the  matter  had  to  be  investigated  or  there  would  be  trouble. 

"February  19  a  man  by  the  name  of  Simonds  appears 
at  the  real  estate  office  on  Clark  Street  and  rents  the  flat 
No.  117  Clark  Street,  stating  there  that  he  wanted  it  be- 
cause he  had  a  brother  with  weak  eyes  who  wanted  to  stay 
there  for  treatment.  He  paid  the  rent — 140.  That  was  op- 
posite the  Opera  House  building,  in  which  Dr.  Cronin  had 
his  office.  That  same  day  the  man  assuming  to  be  Simonds  went 
to  Revell  &  Co.,  and  bought  a  bedstead,  mattress,  bedding, 
springs,  bureau,  wash-stand,  carpet,  pitcher  and  small  lamp.  He 
also  bought  a  large  packing-trunk.  Then  he  got  a  trunk  strap. 
He  got  the  largest  packing- trunk  they  had.  The  man  that  bought 
this  furniture  or  that  rented  the  flat  we  don't  pretend  to  say  is  any 
one  of  these  men  on  trial.  This  furniture  was  moved  up  there 
February  19.  This  follows  the  meeting  of  Camp  20,  the  demand 
on  the  district  officer  to  investigate,  his  refusal  to  investigate,  and 
Beggs  saying  it  must  be  done.  March  20  a  man  appears  in  Lake 
View  at  the  Carlson  cottage.  That  man  is  Martin  Burke.  We 
will  prove  that  Martin  Burke  was  in  Beggs'  office ;  that  he  was  out 
of  employment  at  that  time;  that  he  was  doing  nothing  by  which 
he  could  earn  a  dollar.  He  appears  at  No.  1872  Ashland  Avenue. 


318  THE  LEGAL  BATTLE. 

They  have  a  vacant  house  there.  In  the  rear  of  the  place  live 
the  old  man  and  his  wife.  Martin  Burke  appeared  there  as  Frank 
Williams  and  rented  the  cottage.  Martin  Burke  went  from  there 
to  P.  O'SuUivan  and  had  a  conversation  with  him,  in  which  he 
told  him  he  had  rented  the  cottage.  He  disappears.  He  moves 
this  furniture  from  No.  117  Clark  Street — trunk  and  all — 
out  into  this  Carlson  cottage.  We  will  have  the  expressman  here 
to  show  you  that  Martin  Burke,  together  with  another  man,  got 
him  to  move  it  out  there  and  carry  it  into  the  cottage.  We  will 
prove  that  he  came  back  there  about  April  20  and  paid  another 
month's  rent.  He  said  his  sister  was  sick  in  the  hospital  and  could 
not  go  to  housekeeping. 

"  Something  now  had  to  be  done  to  induce  Dr.  Cronin  to 
go  to  that  cottage.  In  March,  some  time  prior  to  the  spring  elec- 
tion, Dr.  Cronin  was  out  there  organizing  what  was  known  as  the 
Washington  Literary  Society,  and  P.  O'SuUivan  went  there 
and  acted  as  doorkeeper.  Now  a  few  days  after  that,  I  think 
March  29,  P.  O'SuUivan  went  to  Justice  'Mahoney  and  asked  him 
if  he  would  go  with  him  and  see  Dr.  Cronin,  as  he  wanted  to  make 
a  contract  with  him  to  doctor  his  icemen.  He  didn't  find  him.  But 
about  two  weeks  afterward,  in  April  some  time,  Justice  Mahoney 
went  with  this  man,  P.  O'SuUivan,  who  knew  Dr.  Cronin,  who 
acted  as  watchman  at  the  literary  society ;  yet  P.  O'SuUivan  had 
this  man  go  with  him  to  introduce  him,  as  he  says,  to  Dr.  Cronin 
for  the  purpose  of  making  a  contract  with  him  to  doctor  his  ice- 
men. We  will  show  that  at  the  time  he  made  this  contract  with 
Dr.  Cronin,  or  previous  to  that,  up  to  that  time,  he  had  never  had 
an  occasion  for  a  doctor ;  that  this  man  Coughlin  on  trial  here  was 
a  bitter  enemy  of  Dr.  Cronin  and  that  he  was  a  close  associate  of 
this  man  O'SuUivan;  so  that  there  was  no  reason  why  O'SuUivan 
should  go  clear  down  there  and  employ  Dr.  Cronin — make  a 
contract  with  him — to  doctor  his  icemen. 

'*  Daniel  Coughlin  was  seen  before  that  in  a  saloon  late  thtit 
night.  He  declared  that  there  was  a  certain  North  Side  man,  a 
leading  Catholic,  that  would  soon  bite  the  ground,  or  something 
to  that  effect.  O'SuUivan  was  with  him  that  night.  May  4  this  man 
Coughlin  went  over  to  Dinan's  livery  stable,  told  Mr.  Dinan  he 
had  a  friend  who  would  be  there  for  a  horse  and  buggy.  He  said 
he  was  not  particular  about  the  horse — most  any  kind  of  a  horse 
would  do.  He  telephoned  P.  O'SuUivan  to  go  out.  He  is  seen 
out  in  the  neighborhood  with  a  man   answering  his  description. 


THE  LEGAL  BATTLE.  319 

About  7  o'clock  in  the  evening  a  man  goes  and  wants  the  horse 
that  Coughlin  has  ordered.  When  the  liveryman  hitched  up  a 
white  horse  the  man  objected,  but  the  liveryman  said  that  was 
the  only  one  he  could  give  him,  and  he  took  the  horse  and  buggy 
and  drove  away.  Later  he  drove  to  Dr.  Cronin's  office,  presented 
O'SuUivan's  card,  and  stated  that  one  of  O'Sullivan's  men  had 
his  leg  mashed  and  that  the  doctor  was  wanted  right  away.  Dr. 
Cronin  hurried  out  and  with  the  man  drove  to  the  Carlson  cot- 
tage. That  was  about  7 :20.  We  will  prove  that  Coughlin  was 
seen  going  into  the  Carlson  cottage.  We  will  prove  that  this 
man  drove  Dr.  Cronin  to  the  Carlson  cottage. 

"  The  night  of  May  3  there  was  a  meeting  of  Camp  20.  We 
will  prove  that  some  one  in  the  room  inquired  whether  the  secret 
committee  had  reported — inquired  of  John  F.  Beggs,  the  Senior 
Guardian.  John  F.  Beggs  waved  his  hand  and  said:  '  That  com- 
mittee is  to  report  to  me;  the  camp  has  nothing  to  do  with  that.' 
That  was  the  night  before  Dr.  Cronin  was  murdered.  This  will 
be  proved  by  competent  evidence.  We  will  prove  that  Coughlin 
told  other  parties  that  Cronin  was  a  spy ;  that  the  year  before  he 
tried  to  hire  a  man  to  '  slug'  Dr.  Cronin.  We  show  by  this  his 
feeling  against  Dr.  Cronin. 

*'  The  night  of  the  4th  we  show  that  this  trunTj  that  was 
bought  at  Revell's,  taken  to  No.  117  Clark  Street,  and  removed 
by  Burke  to  the  Carlson  cottage,  was  filled  with  the  body  of 
Dr.  Cronin  and  taken  away,  that  it  landed  away  up  in  Edgewater, 
that  it  was  afterwards  taken  to  the  catch- basin,  that  the  body  was 
thrown  into  the  catch-basin,  and  that  then  the  trunk  further  on 
was  thrown  into  the  street.  All  these  events  happened  the  night 
of  May  4. 

"  Martin  Burke,  under  the  name  of  Williams,  appeared  there 
in  May  after  the  murder,  or  had  a  man  by  the  name  of  Patrick 
Cooney  appear,  and  wanted  to  pay  another  month's  rent,  but  the 
old  lady  would  not  take  it.  She  said  the  rent  was  not  due,  and 
that  the  house  was  going  to  remain  vacant;  she  didn't  want  to 
rent  it  to  him.  Following  that,  they  sent  a  letter  saying:  *  We 
are  sorry  we  had  to  give  up  the  building  —  sorry  we  had  to  paint 
the  floor,'  etc.  Then,  for  the  first  time  since  the  cottage  was 
rented  to  Burke,  the  Carlsons  entered  it.  But,  before  that,  we 
will  show  that  Carlson  asked  P.  O'SuUivan  wliy  these  folks  didn't 
move  in.  O'SuUivan  says:  '  Have  not  you  got  your  rent  ? '  He 
says :  '  Yes.'     '  Then,  what's  the  matter  ? '  said  O'SuUivan ;  'what's 


320  THE  LEGAL  BATTLE. 

the  use  to  worry  about  it  ?'  '  Do  you  know  them  ? '  was  asked  of 
O'Sullivan,  and  he  replied:  '  Yes,  I  know  one  of  them.' 

"Again,  we  prove  that  O'Sullivan  was  seen  at  a  certain 
point  the  night  of  the  4th,  showing  that  he  was  in  the  neighbor- 
hood and  was  not  in  his  house  at  the  time,  and  that  he  made  other 
statements  that  he  was  in  the  house  at  the  time,  but  was  not. 

"Beggs,  after  the  disappearance  of  Cron in,  in  conversation 
with  two  men  who  said  they  thought  Cronin  was  killed,  said  he 
knew  better.  He  said:  'Cronin  will  turn  up  all  right.  You 
don't  know  what  is  going  on.' 

"  Now  as  to  Kunze.  We  will  prove  that  he  was  seen  in  this 
flat  at  the  time  it  was  occupied  by  the  parties,  and  was  seen  there 
at  the  window  washing  his  feet.  We  will  prove  that  Kunze,  a 
short  time  before  the  murder,  was  seen  in  company  with  Dan 
Coughlin  in  the  neighborhood  of  the  cottage  on  Ashland  Avenue ; 
that  he  was  drinking  with  Coughlin;  that  he  slapped  him  on  the 
shoulder  and  said:  '  This  is  my  friend  ; '  that  he  went  away  with 
him;  and  the  night  of  the  murder  Kunze  drove  Coughlin  to  the 
cottage.  It  will  also  be  proved  that  he  disappeared  in  April 
for  the  purpose  of  obtaining  work,  and  that  he  obtained  work  on 
the  South  Side,  under  the  name,  I  think,  of  Kaiser  —  in  any  event, 
it  was  under  an  assumed  name.  We  will  prove,  also,  that  he  and 
Coughlin  were  at  Peoria  together,  and  that  is  about  the  evidence 
we  have  against  Kunze  —  that  while  at  work  on  the  South  Side 
he  stated  to  a  man,  in  reference  to  Dr.  Cronin,  that  he  knew 
he  was  murdered,  that  his  body  would  never  be  found,  or  some- 
thing to  that  effect. 

"  Two  days  after  Dr.  Cronin  was  killed,  Martin  Burke 
appeared  over  at  the  tinner's  establishment  to  have  a  box  sealed 
up;  and  when  the  tinsmith  undertook  to  raise  the  lid,  Burke  told 
him  not  to  open  the  box;  and  then,  in  order  to  solder  it,  the  tin- 
smith had  to  put  a  band  around  it.  While  this  young  man  was 
doing  that  work  he  made  some  remark  to  Martin  Burke  about 
the  mysterious  disappearance  of  Dr.  Cronin,  and  asked  Burke 
what  he  thought  about  it.  Burke  said:  'Oh,  he  is  a  spy,  and  will 
turn  up  all  right.' 

"After  the  discovery  of  the  body  and  its  identification, 
Martin  Burke  disappeared.  He  traveled  under  an  assumed  name. 
He  was  arrested  at  Winnipeg  and  extradited.  He  had  a  ticket 
purchased  to  go  across  the  water  to  Liverpool.     So,  that  is  the 


322  THE  LEGAL  BATTLE. 

evidence  that  will  be  introduced  as  to  Martin  Burke  and  his 
flight. 

"  When  Dr.  Cronin's  body  was  found,  it  was  found  also  that 
the  head  was  cut  in  a  dozen  places  from  behind,  and  on  the  tem- 
ple, showing  that  they  had  killed  him  by  giving  him  blow  after 
blow  until  his  life  was  beaten  out  of  him.  That  will  be  given  in 
evidence,  and  described  by  the  doctors,  and  their  evidence  will 
also  show  that  the  blows  were  dealt  from  behind. 

"  Now,  a  conspiracy  is  made  up  of  certain  acts  by  individu- 
als, either  together  or  separately,  and  every  act  that  was  done  by 
either  of  those  parties,  that  was  necessary  to  be  done  to  carry  out 
the  object  of  the  conspiracy,  binds  each  of  the  others  who  was  in 
the  conspiracy.  For  instance,  if  a  conspiracy  existed,  then  the 
act  of  Coughlin  in  hiring  the  horse,  or  the  act  of  Burke  in  hiring 
the  cottage,  or  the  act  of  P.  O'SuUivan  in  making  the  contract, 
or  the  act  of  Beggs  or  any  other  person  that  was  engaged  in  the 
conspiracy,  became  the  act  of  all  of  them.  The  renting  of  the 
cottage  by  Burke,  under  the  name  of  Williams,  was  the  same  as 
if  they  had  all  gone  there  and  rented  that  cottage.  The  act  of 
Patrick  O'Sullivan  in  going  to  that  cottage  at  the  time  it  was 
rented  was  the  going  there  of  all  who  were  interested  in  the  con- 
spiracy. Another  tiling  I  wish  to  call  your  attention  to,  and  that 
is,  that  an  accessory  is  regarded  the  same  in  law  as  a  principal. 
It  doesn't  matter,  and  it  is  not  necessary,  that  every  party  should 
strike  the  fatal  blow.  It  does  not  matter  if  one  of  the  parties  to 
that  conspiracy  was  not  within  a  thousand  miles  of  the  cottage. 
If  it  was  a  conspiracy,  and  they  were  accessories  to  the  crime, 
they  are  equally  guilty  of  the  crime  just  as  much  as  if  they 
struck  the  fatal  blow. 

"  Take  the  hiring  of  the  horse  and  buggy,  take  the  hiring  of 
the  flat  at  No.  117  Clark  Street,  take  the  buj'ing  of  the  furniture 
and  of  the  trunk  and  the  strap,  take  the  renting  of  the  cottage 
by  Burke  under  the  name  of  Williams,  take  the  fact  of  the 
knowledge  of  that  renting  by  O'Sullivan,  and  the  further  fact 
that  the  Carlsons  were  told  that  a  sister  was  to  go  there  and  keep 
house;  take  the  driving  of  the  Doctor  away  from  his  home  on  the 
night  of  May  4th,  under  the  supposition  that  he  was  going  to 
minister  to  the  wants  of  an  injured  man;  take  also  the  appoint- 
ment of  the  secret  committee,  and  the  motion  made  by  Daniel 
Coughlin  to  have  that  committee  appointed ;  tnke  the  further  fact 
that  the  Senior  Guardian  said,  '  That  committee  reports  to  me  and 


THE  LEGAL  BATTLE.  323 

not  to  the  camp,'  on  the  night  of  May  3.  The  coming  together 
of  all  these  things  shows  the  conspiracy,  and  the  act  of  one  man 
in  this  case  is  the  act  of  all  of  them. 

"  If  you  are  not  satisfied  that  Dr.  Cronin  was  murdered  —  if 
you  are  not  satisfied  that  these  men,  whether  present  at  the  killing 
of  the  Doctor  or  present  at  the  conspiracy,  were  connected  with 
it  —  if  you  are  not  satisfied  they  are  guilty  of  the  charge,  then,  of 
course,  you  will  turn  them  loose.  If,  however,  this  evidence 
shows  conclusively  to  your  mind  this  deep-laid  conspiracy  —  if  it 
shows  this  premeditation  —  if  it  shows  the  coolness  with  which 
they  planned  the  murder  —  if  it  proves  to  your  mind  beyond  a 
reasonable  doubt  that  they  are  guilty,  then  your  duty  is  plain  to 
inflict  on  them  the  highest  punishment  known  to  the  law." 

The  long  speech  was  finished,  and  the  crowded  court-room 
turned  with  almost  breathless  interest  to  the  attorneys  for  the 
defense.  One  after  another  arose  and  stated  that  the  presenta- 
tion for  the  prisoners  would  be  reserved,  and,  accordingly,  tlie 
first  witness  for  the  State  was  called  to  the  stand.  This  was 
ex-Capt.  Francis  Villiers,  of  Lake  View,  who  had  met  the  patrol 
wagon  on  its  way  to  the  morgue  with  Dr.  Cronin's  nude  body  in 
it.  He  had  identified  the  corpse,  as  he  knew  the  Doctor  well. 
Joseph  C.  O'Keefe,  a  tailor,  had  identified  the  body  also.  He 
had  always  made  Cronin's  clothes.  A  curious  episode  in  his 
evidence  was  this  : 

"  Did  you  examine  the  body  for  peculiarities  with  which  you 
were  acquainted  .? "  asked  Mr.  Ingham. 

"  I  took  the  inside  measure  of  the  leg  and  found  it  thirty- 
three  inches." 

"  Had  you  taken  the  measurement  of  his  leg  during  life.? " 

"  No,  but  I  know  what  his  measurement  was.  I  marked  it 
down  in  the  book  for  my  cutter." 

"  What  was  that  measurement  ? " 

"  It  was  thirty-three  and  a  half  inches,  and  the  measurement 
of  the  leg  right  below  the  ankle  was  thirty -three.  The  measure- 
ment taken  by  the  cutter  was  while  the  Doctor  had  his  shoes  on," 


324  THE  LEGAL  BATTLE. 

"Why  did  you  measure  his  leg  ?"  inquired  Mr.  Forrest  during 
the  subsequent  cross-examination. 

"It  was  through  the  curiosity  of  the  reporters,"  answered 
the  witness ;  "they  asked  me  if  I  knew  the  Doctor's  measure- 
ment." 

"To  what  point  was  the  measurement  thirty-three  inches  ?" 

"To  below  tlie  ankle,  right  to  the  ball  of  the  heel." 

"Was  the  leg  swollen  ?" 

"It  seemed  to  be." 

"Would  not  that  increase  the  length  ?" 

"It  didn't  seem  to  be  swollen  in  the  ball  of  the  heel." 

James  P.  Holland,  a  Tribune  reporter,  had  also  identified 
the  body,  which  was  that  of  his  family  physician,  and  described 
its  condition,  but  the  real  interest  of  the  audience  centered  in 
the  story  of  the  man  who  found  the  body. 

"Call  Henry  Roesch,"  said  Mr.  Ingham,  and  Roesch  came 
forward.  He  is  an  employe  of  the  city,  in  the  special  assessment 
department.  In  May  last  he  was  employed  by  the  city  of  Lake 
View  in  the  same  capacity. 

"Do  you  remember  what  you  were  doing  on  the  22d  day  of 
May  in  the  afternoon  ?" 

"Yes;  we  were  grading  the  street  on  Evanston  Avenue  and 
cleaning  out  the  ditch  there  and  the  catch-basin.  We  got  through 
about  a  quarter  past  four.  When  I  was  cleaning  the  basin  there 
I  smelt  something.  I  thought  it  was  a  dog  at  first,  and  I  ex- 
amined the  basin." 

"What  did  you  see  at  first.?" 

"I  saw  some  cotton  batting,  and  I  thought  it  was  the  hair  of 
the  dog  floating  in  the  water.  I  took  the  lid  off  the  catch-basin 
and  then  I  saw  it  was  a  man,  and  then  I  called  the  patrol  wagon. 
The  body  was  lying  to  the  southwest,  and  the  feet  to  the  north- 
east. There  was  an  inlet  in  the  pipe.  I  could  see  his  shoulder, 
but  the  rest  of  him  I  could  not  see  at  all.  The  head  was  bent 
down  back  against  the  catch-basin." 


THE  LEGAL  BATTLE.  325 

"You  could  not  see  anything  at  all  except  the  shoulders  up 
against  the  brick  wall?" 

"The  head  was  bent  down  against  the  basin,  and  his  knees 
were  down  and  his  feet  doubled  in  this  shape."  (The  witness 
described  the  position  in  which  he  found  the  Doctor's  feet.) 

"You  say  you  notified  the  officers  ?" 

"I  notified  C^pt.  Wing." 

"Who  came  with  the  patrol  wagon  ?" 

"Officer  Phillips  and  George  Maley.  There  was-  a  reporter 
in  the  wagon." 

"You  saw  the  body  and  identified  it  ?" 

"Yes;  it  was  on  a  plank.  I  helped  to  pull  it  out  myself 
and  put  it  on  stretchers." 

"Where  did  you  see  it  next.?" 

"At  the  morgue,  on  the  corner  of  Sheffield  and  Diversey 
Avenue.  It  had  a  towel  around  the  neck  and  was  bloody  around 
the  neck." 

"Any  other  garment  that  you  saw  about  the  body.?" 

"I  did  not.     I  saw  a  charm.     It  was  tied  around  his  neck." 

"Did  you  go  with  the  patrol  wagon  to  the  morgue .?" 

"No,  sir." 

"Did  you  see  the  Doctor  in  the  patrol  wagon  ?" 

"No." 

"What  else  did  you  find  in  the  catch-basin  besides  the 
body.?" 

"I  did  not  see  anything  else." 

"The  cotton  ?" 

"I  saw  the  cotton  batting." 

"How  much  cotton  was  there .?" 

"Well,  I  judge  there  was  a  basketful  all  over  the  body.  It 
was  full  of  blood." 

"The  whole  quantity  saturated  with  blood  ?" 

"No,  not  all,  but  a  great  portion  of  it." 

"What  was  done  with  the  cotton .?" 


326  THE  LEGAL  BATTLE. 

"It  was  left  right  in  the  catch-basin." 

Stephen  Connolly,  who  had  been  a  member  of  secret  societies 
with  the  Doctor,  and  W.  H.  Wisch,  a  barber  who  had  shaved  Dr. 
Cronin  nearly  every  day  for  several  months,  also  testified  to  the 
identity  of  the  body.  Wisch  know  it  by  a  scar  on  the  side  of 
the  head,  by  the  color  and  cut  of  the  hair,  and  by  the  general 
features. 

Maurice  Morris,  who  had  been  intimately  acquainted  with 
Dr.  Cronin  for  five  years,  testified  that  he  identified  the  body  by 
a  deformed  finger  on  the  right  hand,  usually  known  as  a  "base- 
ball finger." 

Joseph  O'Byrne,  a  brass  finisher,  who  had  known  Dr.  Cronin 
six  years,  saw  the  body  at  the  Lake  View  station  the  next  day 
after  it  was  found,  and  identified  it  by  the  general  appearance, 
the  small  imperial,  the  deformed  finger  on  the  right  hand,  and 
various  minor  points.  No  special  features  were  elicited  in  the 
cross-examination. 

There  is  no  need  at  this  time  to  go  into  the  mass  of  testi- 
mony by  which  the  identity  of  the  dead  man  was  established. 

The  most  interesting  testimony  presented  by  the  State  in  its 
effort  to  prove  the  identity  of  the  corpse  taken  from  the  catch- 
basin  was  given  by  Dentist  E.  W.  Lewis.  His  evidence  clinched 
the  Identification,  if  such  a  thing  were  needed.  Dr.  Lewis  had 
treated  Dr.  Cronin's  teeth,  and  had  made  a  peculiar  and  experi- 
mental plate,  with  four  small  teeth  for  the  four  lower  central 
incisors  which  had  been  drawn.  The  extraction  of  these  teeth 
had  left  an  unnatural  or  uneven  absorption,  which  Dr.  Lewis 
noticed  when  he  made  the  plate.  It  was  the  habit  of  Dr.  Cronin 
when  in  deep  thought  to  remove  the  old  plate  he  used  and  twirl 
it  between  his  fingers.  That  was  why  Dr.  Lewis  made  an 
experimental  plate  that  could  not  be  easily  removed.  He  was 
desirous  of  breaking  Dr  Cronin  of  his  habit.  Dr.  Lewis  had 
also  prepared  the  right  back  bicuspid  for  crowning,  and  filled  the 
lower  second  molar  with  red  rubber  filling.     When  the  body  of  Dr. 


328  THE  LEGAL  BATTLE. 

Cronin  lay  in  the  morgue  of  the  Lake  View  Police  Station  Assist- 
ant County  Physioian  Egbert,  who  was  conducting  the  autopsy, 
removed  a  peculiar  plate  of  false  teeth  from  the  mouth  of  the 
corpse.  When  Dr.  Lewis  beheld  it  he  immediately  pronounced  it 
the  identical  plate  he  had  made  for  Dr.  Cronin.  Then  Dr.  Lewis 
went  to  the  undertaker's  rooms  on  Chicago  Avenue,  where  the 
body  had  been  taken  after  the  autopsy.  It  was  eight  o'clock  at 
night  when  he  reached  the  corpse.  With  a  flood  of  gaslight 
streaming  down  upon  the  body,  he  compared  the  plaster  of  paris 
cast  of  the  peculiar  plate  with  the  formation  of  the  jaw.  One 
look  satisfied  him  that  the  plate  had  been  made  for  it. 

"What  else  did  you  see  in  the  mouth  of  the  corpse  ?"  asked 
Mr.  Mills,  with  s^reat  impressiveness. 

"The  rest  of  my  work,"  was  the  sensational  reply  of  the 
witness.  "I  saw  the  bicuspid  I  had  prepared  for  crowning,  and 
the  molar  with  its  filling  of  red  rubber.  I  also  noticed  the 
absorption  of  the  lower  jaw,  which  was  so  noticeable  in  life." 

The  average  reader  does  not  care  for  technical  medical  testi- 
mony, hence  it  will  be  enough  to  outline  in  a  general  fashion  what 
the  experts  swore. 

Dr.  Egbert  was  the  first  witness.  As  he  walked  to  the  wit- 
ness chair  he  carried  with  him  the  stomach  of  Dr.  Cronin  and  the 
vegetable  matter  which  was  found  in  it  at  the  autopsy.  The 
stomach  was  in  a  jar  of  alcohol.  Its  contents  at  the  time  of  the 
autopsy  were  in  a  piece  of  red,  flimsy  paper.  Dr.  Egbert  proved 
a  very  unsatisfactory  witness  to  the  State.  He  had  but  a  vague 
recollection  of  many  essential  incidents  of  tlie  autopsy,  and  was 
painfully  embarrassed.  In  reply  to  questions  from  the  prosecu- 
tion he  testified  that,  in  his  opinion,  death  had  resulted  from  the 
many  wounds  on  the  head.  The  cross-examination  was  conducted 
by  Judge  Wing.  It  was  exhaustive  and  helpful  to  the  defense. 
The  skull  had  not  been  fractured,  and  the  neck  was  not  dislocated. 
It  was  evident  that  the  Doctor  had  died  th'-ee  hours  after  eating, 
as  some  corn  which  was  found  in  the  stomacu  had  not  been   di- 


THE  LEGAL  BATTLE.  329 

gested.  There  were  no  external  manifestations  of  decomposition, 
although  the  body  was  badly  swollen.  Judge  Wing  discussed 
each  wound,  and  drew  from  the  witness  the  admission  that  not 
one  of  the  cuts  was  necessarily  fatal,  inasmuch  as  they  had  not, 
according  to  Dr.  Egbert's  investigation,  severed  a  single  artery  or 
fractured  the  skull.  Death  might  have  resulted  from  concussion 
or  contusion  of  the  brain,  but  the  autopsy  failed  to  reveal  this 
to  be  a  fact,  as  the  brain  matter  was  destroyed  by  disintegration. 
The  Doctor  might  have  bled  to  death  if  the  flow  of  blood  was  not 
stopped,  and  Dr.  Egbert,  in  the  course  of  his  rambling  testimony, 
left  it  to  be  inferred  that  that  was  the  opinion  he  held.  The  wit- 
ness was  satisfied  that  the  Doctor  had  not  died  of  natural  causes, 
as  all  of  the  vital  organs  were  found  to  be  in  a  healthy  condition. 
The  witness  also  admitted  that  all  the  wounds  could  be  inflicted 
without  producing  unconsciousness  or  concussion.  He  was  of  the 
opinion,  however,  that  the  wound  near  the  base  of  the  brain  would 
render  a  man  insensible.  He  could  not  determine  from  the  ap- 
pearance of  the  wounds  whether  they  were  produced  before  or 
after  death. 

The  advantage  gained  by  the  defense  from  the  testimony  of 
the  Assistant  County  Physician  was  greatly  weakened  by  Dr. 
Charles  F.  Perkins,  who  wielded  the  knife  over  the  body  at  the 
post-mortem.  He  declared  without  hesitation  that,  to  his  mind, 
Dr.  Cronin  had  died  of  concussion  of  the  brain,  produced  by 
blows  on  the  head  from  a  blunt  instrument.  A  sharp  weapon, 
without  a  stroke,  could  not  produce  concussion.  One  proof  that 
the  Doctor  had  died  from  concussion  was  destroj^ed  by  disintegra- 
tion, as  a  microscopical  examination  of  the  brain  was  sometimes 
necessary  to  determine  the  existence  of  concussion.  In  this  case 
such  an  examination  was  impossible,  owing  to  the  liquid  condition 
of  the  brain.  But  there  was  another  proof  left  to  the  surgeons, 
and  that  was  to  be  found  in  the  condition  of  the  heart.  Eminent 
authorities  had  declared  that  in  cases  of  concussion  the  right  side 
of  the  heart  was  invariably  filled  with  blood,  while  the  left  side 


330  THE  LEGAL  BATTLE. 

was  drained  of  the  fluid.  This  was  the  case  of  Dr.  Cronin,  and 
the  discovery  of  this  fact  convinced  the  witness  that  the  man  had 
died  from  concussion.  Dr.  Perkins  also  declared  that  the  incision 
on  the  jaw  had  severed  the  facial  artery,  and  that  one  of  the 
wounds  on  the  back  of  the  head  had  ciit  the  occipital  artery.  The 
hemorrhage  from  these  wounds  must  have  been  great,  and 
would  no  doubt  have  produced  death,  had  not  the  injury  the 
brain  sustained  proved  fatal.  There  might  have  been  contusion 
and  compression  of  the  brain  as  well  as  concussion,  but  this  could 
not  be  determined  at  the  autopsy,  owing  to  the  ravages  of  decom- 
position. 

The  manner  in  which  the  time  of  death  was  determined,  the 
''vegetable  clock"  about  which  so  much  was  said  during  the  in- 
quest, may  be  understood  by  the  following  excerpt  from  the  ver- 
batim report  of  the  evidence: 

Mr.  Hynes — "  Have  you  the  contents  of  the  stomach  with 
you  ? " 

Dr.  Egbert—'/  Yes,  sir." 

At  this  time  the  witness  undid  a  package  and  took  there- 
from a  jar  which  appeared  to  contain  the  stomach,  and  also  undid 
a  small  cloth  which  contained  specimens  taken  from  the  stomach 
after  death.  Counsel  for  both  sides  crowded  around  to  inspect 
the  specimens. 

Mr.  Hynes — "  State  what  articles  of  food  you  found  in  the 
stomach." 

'^  I  cannot  identify  anything  but  corn,  although  there  were 
other  vegetables." 

"  Now  what  was  the  degree  of  digestion  ?  " 

"  I  could  not  see  that  the  process  of  digestion  had  taken 
place  at  all." 

"  In  your  opinion  as  a  medical  man,  within  what  time  after 
eating  that  meal  did  the  death  take  place  ?  " 

"  I  should  say  inside  of  three  hours." 

Following  this  there  was  little  to  excite  public  attention  until 


THE  LEGAL  BATTLE.  331 

the  next  day,  when  Judge  McConnell  came  very  nearly  ruling  out 
Dr.  Moore's  testimony  because  he  had  read  the  newspaper  ac- 
counts of  the  evidence  given  by  the  other  experts.  After  a  rather 
exciting  debate,  in  which  everybody  took  part.  Judge  McConnell 
allowed  the  witness'  story  to  go  in.  It  had  reference  merely  to 
the  facts  of  the  autopsy,  at  which  the  witness  had  attended. 

This,  however,  was  merely  an  incident  by  the  way.  The 
most  important  evidence  of  the  day  was  that  given  by  the  livery 
stable  keeper,  Patrick  Dinan,  the  owner  of  the  celebrated  white 
horse  which  it  was  believed  had  carried  Dr.  Cronin  to  his  death. 

In  reply  to  Mr.  Mills'  questions  he  said  that  he  lived  at 
260  North  Clark  Street,  and  kept  a  livery  stable  at  the  same 
number,  his  family  occupying  the  rooms  above.  He  had  known 
Dan  Coughlin  for  probably  five  or  six  years.  The  stable  is  about 
one-half  block  from  the  East  Chicago  Avenue  Police  Station. 
May  4  (the  day  of  Dr.  Cronin's  disappearance)  Mr.  Dinan  said 
he  received  a  call  from  Daniel  Coughlin,  who  wanted  a  horse  and 
buggy  for  a  friend  that  same  evening. 

"  What  did  you  say  ?"  * 

*'  I  studied  for  a  minute.  It  was  a  pretty  busy  da3%  and  I 
said:  '  What  kind  of  a  rig  would  you  like  to  get  ?'  He  made  the 
remark:  '  Most  any  kind  of  a  rig  will  do.'  I  said,  'All  right, 
you  shall  have  one.'  I  asked  him  what  time  his  friend  would  be 
after  it,  and  he  said,  '  About  seven  o'clock.' 

"  Were  you  at  your  stable  at  about  seven  o'clock  on  the  even- 
ing of  that  day.?" 

"Yes,  sir." 

Mr.  Mills  — "  Proceed  now,  Mr.  Dinan,  and  state  exactly 
what  occurred  when  Coughlin's  friend  came  for  the  rig." 

"  I  met  him  coming  out  of  my  horse  stable.  I  met  him  be- 
tween the  horse  stable  and  carriage  house.  He  first  went  to  the 
men  and  said  that  he  wanted  the  horse  that  Coughlin  had  ordered 
for  him.  They  said  that  they  knew  nothing  about  it;  to  go 
and  see  me.     He  asked  me  if  Coughlin  had  ordered  a  horse  that 


332  THE  LEGAL  BATTLE. 

afternoon  for  him.  I  replied,  '  Yes/  He  said,  '  I  want  it.'  I 
said,  'All right,  I  will  get  him  for  you  in  a  few  minutes.'  I  or- 
dered the  horse  harnessed,  and  called  for  the  white  horse.  My 
man  went  in,  and,  instead  of  putting  it  on  the  single  horse,  he 
put  it  on  the  carriage  white  horse  and  brought  him  out.  I  sent 
him  back  for  the  other  white  horse.  In  the  meantime  another  of 
my  patrons  had  a  sorrel  horse  hitched  up  to  go  out  with.  The 
stranger  asked  for  that  horse,  and  I  refused  to  let  him  have  it.  I 
made  the  man  take  the  horse  that  was  hitched  up  for  him — the 
white  horse.  As  we  were  putting  the  horse  up,  he  said:  '  Where 
are  the  side  curtains  ?'  I  said, '  I  do  not  know.'  I  said,  'The  top 
is  up  and  it  is  pretty  dark,  and  nobody  will  see  you  or  know  you 
if  you  want  to  be  disguised .?'  " 

"  What  did  he  say  ?" 

"  He  did  not  like  it.  He  grumbled  and  muttered  a  little, 
but  I  could  not  distinguish  his  words.  He  made  some  remark, 
but  I  could  not  tell  what  it  was." 

''  What  do  you  say  as  to  the  weather  that  night  ? 

"  The  weather  was  clear." 

"What  kind  of  a  buggy  was  it  ?" 

"  It  was  what  is  called  a  '  Whitechapel  buggy ' — a  three- 
quarter  seat  buggy." 

"  Describe  the  horse — his  limbs,  his  nose,  and  how  he  stood." 

"  Well,  he  stood  pretty  square,  and  was  a  little  bit  large  in  the 
joints,  but  no  marks,  or  any  swellings,  or  anything  that  was  un- 
natural ;  he  was  a  horse  with  little  iflesh  on  his  limbs ;  he  was 
one  of  those  bony  fellows,  rather  clean  limbs,  but  a  little  large  in 
the  knees." 

"  Describe  the  man  who  drove  your  horse  away  that  night." 

"Oh,  the  man  looked  ordinarily  dressed;  he  had  either  a 
heavy  light-colored  drab  coat  or  a  faded  old  overcoat;  he  wore 
one  of  those  round,  narrow-brimmed  soft  hats,  and  dressed  or- 
dinarily." 

"  Describe  his  face  as  well  as  you  can  to  the  jury." 


334  THE  LEGAL  BATTLE. 

"  I  saw  a  little  scratch  on  the  side  of  his  face,  and  he  had 
about  a  week  or  eight  days'  growth  of  beard  and  a  medium 
mustache,  a  little  bit  sandy,  a  little  bit  faded  on  top,  but  dark 
at  the  bottom.     His  boots  were  muddy  and  wet." 

As  to  the  manner  in  which  Dinan's  suspicions  were  brought 
to  the  notice  of  the  police,  the  witness  said:  "I  went  over  to 
the  station-house  and  inquired  for  Capt.  Schaack.  Coughlin  was 
standing  near  the  desk.  He  came  over  to  me  and  said,  'What  is 
the  matter,  Pat?'  ,1  replied:  'Nothing.'  He  said:  'There 
is  something  up,  for  you  appear  excited.'  I  said:  '  There  is 
something  up,  I  think,  when  the  police  come  and  wake  me  up 
and  want  to  know  what  horse  I  let  out  Saturday  night.  There 
is  something  wrong  somewhere.'  He  then  asked  me  what  horse 
I  let  his  friend  have.  I  told  him  it  was  a  white  horse.  He  told 
me  not  to  say  a  word  about  it  if  any  inquiries  were  made,  for  he 
and  Cronin  had  not  been  good  friends  for  a  year  or  a  year  and  a 
half,  and  it  might  give  him  some  trouble.  He  said  to  keep  it 
quiet,  otherwise  it  might  get  him  into  trouble.  I  do  not  know 
whether  he  used  the  words,  '  For  God's  sake.'  " 

"  What  did  you  say  in  reply  ? " 

"I  did  not  make  any  reply  that  I  recollect,  but  I  went  out 
into  the  court-room  to  see  if  I  could  find  Capt.  Schaack,  but  I 
did  not  find  him,  and,  before  I  did,  I  was  called  away.  About 
noon  I  called  and  looked  for  the  Captain  again,  and,  finally, 
went  to  his  house,  where  I  found  him." 

"  When  did  you  converse  with  Coughlin,  if  at  all  ? " 

"  I  do  not  recollect  having  any  conversation  with  him,  ex- 
cept that  he  told  me  that  he  had  met  his  friend  who  had  had  the 
white  horse  and  buggy.  I  asked  him  where  he  had  found  him. 
He  said:  'I  found  him  at  last  in  the  Northwestern  depot,  and, 
when  I  found  him,  he  was  just  getting  on  the  train  and  going  to 
New  Mexico.'  He  further  said :  '  He  paid  me  three  dollars  for 
the  use  of  the  horse,   but  my  feet  were  so  sore  looking  for  him 


THE  LEGAL  BATTLE.  335 

that  I  spent  it  all;  but  I  will  make   it  all  right,  and  will  pay  you 
when  pay  day  comes.'     I  told  him  that  was  all  right." 

Mr.  Forrest  took  up  the  cross-examination,  and  asked  : 

"  Did  you  finally  find  Capt.  Schaack,  May  6  ? " 

"  Yes.  I  told  him  about  Dan  Coughlin  hiring  the  horse,  and 
something  about  the  stranger." 

"  Do  you  remember  talking  with  him  about  this  transaction 
more  than  once  ?" 

"  I  spoke  to  him  at  different  times  to  stir  the  matter  up. 
There  were  a  great  many  talking  about  this  white  horse." 

"  Where  is  that  white  horse,  and  where  has  it  been  kept 
since  ?" 

"  He  has  been  kept  in  my  stable  the  biggest  part  of  the 
time.     There  were  three  weeks  he  was  in  the  museum." 

"  Do  you  remember  that  I  called  on  you  once  and  you  told 
me  that  you  had  orders  not  to  let  him  go  out  ?  " 

*'  I  told  you  that  to  get  rid  of  you.  I  tried  hard  to  get  rid 
of  you,  but  you  would  not  go,  and,  in  order  to  get  rid  of  you 
at  last,  I  told  you  that." 

"Did  you  have  orders  at  that  time  not  to  let  that  horse  go 
out  ? " 

"  No,  sir,  no  one  gave  me  any  orders  of  the  kind." 

"  Did  you  not  tell  me  at  that  time  that  you  were  paid  to 
keep  him  in  the  stable  ? " 

*'  Yes,  I  told  you  that,  too,  to  get  rid  of  you." 

"Was  that  true.?" 

"  No,  sir,  it  was  not  true;  I  told  you  that  to  get  rid  of  you, 
because  I  could  not  get  rid  of  you  in  any  other  way." 

"  Now,  then,  when  was  it,  as  you  say,  that  Dan  Coughlin  used 
the  word  '  weakener '  ? " 

"  It  was  after  this  horse  was  identified." 

"How   was  it  that  Daniel  Coughlin  used  the  word  'weak- 
ener '  ?     State  the  entire  conversation." 
•    "  I  met  him  one  day,  and  he  said :     '  Now,  Dinan,  you  are 


336  THE  LEGAL  BATTLE. 

satisfied,'  and  I  said,  '  Yes,  and  I  am  mighty  glad  of  it  that  I  am 
satisfied/  And  he  said :  '  I  should  hate  to  trust  you  with  any- 
thing; you  are  a  clear  case  of  a  ' weakener/  And  I  said:  'You 
lay  anything  in  my  way  and  I  am  a  "  weakener ;"  I  will  bellow 
like  a  bay  steer,'  or  something  of  that  kind." 

After  an  interval  of  less  interesting  testimony  Mrs.  T.  T. 
Conklin  was  introduced,  and  once  more  every  ear  in  the  court- 
room was  bent  to  hear  every  syllable  of  the  evidence  she  was  pre- 
pared to  give. 

After  describing  the  coming  of  the  man  with  the  buggy  and 
the  white  horse  she  went  on:  "I  saw  him  at  the  outer  door  lead- 
ing into  the  south  room.  He  asked  if  Dr.  Cronin  was  in  and  I 
said  '  He  is  here.'  'Can  I  see  him  ? '  'Yes,'  I  said,  'walk  in.'  He 
hesitated,  without  replying.  I  said,  'You  must  come  in  if  you 
wish  to  see  the  Doctor,  because  he  is  engaged.' 

"  He  sat  on  the  edge  of  the  chair  in  a  rather  uncomfortable 
position.  I  rapped  on  the  door  which  connected  with  Dr.  Cronin's 
room  and  said:  '  Doctor,  you  are  wanted.' " 

"  Had  he  said  anything  to  you  before  that .?" 

"  Coming  into  the  hall  he  said :  '  I  cannot  wait  here ;  I  am 
in  a  hurry.'  I  said :  '  Just  walk  in,'  and  then  he  stepped  into  the 
office.  When  I  said :  '  Doctor,  you  are  wanted  quickly,'  the 
Doctor  answered:  'In  a  moment,'  and  with  that  he  threw  open 
the  doors  and  came  out  to  meet  this  man.  The  man  advanced 
toward  Dr.  Cronin.  He  said:  'Dr.  Cronin,  you  are  wanted 
to  attend  a  man;  he  has  been  hurt  at  O'Sullivan's  ice-house.* 
The  Doctor  made  some  remark  which  I  did  not  hear,  and  at  that 
moment  that  man  drew  a  card  from  his  pocket  on  the  right  side 
of  his  coat  and  presented  it  to  Dr.  Cronin. 

"  He  handed  a  card  like  this,"  witness  proceeded,  holding 
one  of  O'Sullivan's  cards  in  her  hand,  "  and  Dr.  Cronin  took  the 
card  and  asked  what  was  the  nature  of  the  accident.  He  said: 
'A  man  has  been  run  over  by  a  wagon,'  drawing  his  band  across 
in  this  way  [the  witness  showed  how  the  man  drew  his  hand 


THE  LEGAL  BATTLE.  337 

across  his  body].  The  Doctor  said:  '  I  will  be  with  you  soon/ 
or  something  to  that  effect,  and  the  man  sat  down  again  on  the 
edge  of  the  chair.  The  Doctor  laid  the  card  on  the  edge  of  the 
mantelpiece." 

"What  was  said  about  Mr.  O'SuUivan,  if  anything  ?  " 

"The  man  said:  'Mr.  O'Sullivan  is  out  of  town  and  left 
word  that  you  should  attend  to  his  men.'  He  said  that  in  draw- 
ing this  card  from  his  pocket.' 

"  Is  that  all  that  you  remember  ?  " 

"  The  man  also  said :  '  I  have  a  horse  and  buggy  here  for 
you.' " 

"  Is  that  all  you  remember  that  was  said  to  the  Doctor  ? " 

"  That  is  all  that  I  remember.  He  said  something  else  to 
the  man,  but  I  did  not  catch  it.  I  heard  distinctly,  though, 
every  word  that  I  have  repeated.  The  Doctor  sat  down  to  the 
table  and  wrote  a  prescription  for  this  young  lady  and  gave  it  to 
her  just  as  rapidly  as  he  could  do  anything,  and  then  he  ran  to 
his  private  room  and  gathered  together  some  bandages  and  cot- 
ton batting  in  his  arms  and  brought  them  out,  and  also  his  sur- 
gical case  and  a  case  of  heavy  splints,  and,  drawing  on  his  coat  as 
quickly  as  possible,  he  ran  out,  carrying  those  things  in  his 
arms." 

"  Who  went  ahead  down  stairs — do  you  remember  ?  " 

"The  man;  and  the  Doctor  followed.  I,  in  the  meantime, 
had  gone  into  the  bay  window  and  looked  out  at  this  horse  and 
buggy." 

The  witness  exhibited  to  the  jury  by  reference  to  a  dia- 
gram the  position  in  which  she  stood  looking  out  of  the  south 
window  of  the  north  side  front  room.  She  proceeded  to  testify 
that  the  horse  was  facing  north,  so  that  she  could  see  him  dis- 
tinctly. The  night  was  clear  and  th^e  electric  lights  were  burning. 
The  man  got  into  the  buggy  first,  followed  by  Dr.  Cronin. 

"  How  did  they  sit  in  the  buggy? " 

"  The   man  sat  on   Dr.    Cronin's   left,    facing   north.      He 


338  THE  LEGAL  BATTLE. 

seemed  to  feel  that  that  was  not  right,  and  got  up  and  moved 
across  in  front  of  Dr.  Cronin,  and  sat  on  the  Doctor's  right, 
facing  north/' 

"  Did  you  see  any  one  near  the  buggy  at  that  time  other  than 
the  Doctor  and  this  strange  man  ? " 

"  I  did.  Mr.  Frank  Scanlan  stepped  up  to  the  buggy  and 
spoke  to  Dr.  Cronin.  It  was  impossible  for  me  to  hear  what  they 
said,  but  1  saw  them.  I  saw  Dr.  Cronin  draw  something  from  his 
pocket,  it  was  a  bunch  of  keys,  and  he  passed  them  through  the 
side  of  the  buggy,  through  the  uprights  that  hold  the  top  of  the 
buggy  up.  He  almost  threw  them  to  Mr.  Scanlan,  and  Mr.  Scan- 
lan caught  them  in  his  hand." 

"  Did  you  see  them  drive  away.?* " 

"I  did." 

"  In  what  direction  ?  " 

"  Driving  north.  The  man  took  up  the  reins  quickly  and 
seemed  anxious  to  get  away.  The  horse  started  two  or  three 
times  quickly,  and  he  drew  them  back." 

"Will  you  describe  the  horse  and  buggy  to  the  jury  ? " 

"  I  will  to  the  best  of  my  ability.  It  was  an  old  buggy,  but 
very  clean,  without  side  curtains;  it  was  very  small;  they  were 
very  much  crowded  in  the  buggy ;  very  narrow  it  seemed  to  be, 
and  the  horse  was  peculiarly  white,  creamy  white.  It  was  a 
medium-sized  horse,  with  very  small  limbs,  small  hoofs  and  feet 
and  very  large  knee  joints,  and  the  bones  were  very  large  and 
prominent.  It  had  a  very  peculiar  motion  which  I  will  never 
forget." 

"  Describe  it." 

"  It  seemed  to  be  from  the  knees  down,  something  like 
that." 

Mrs.  Conklin  described  the  manner  in  which  the  horse  acted, 
giving  it  a  swaying  motion. 

"  Now,  Mrs.  Conklin,  will  you  describe  the  man  that  got 
into  the  buggy  and  drove  him  off  north  on  Clark  Street." 


340  THE  LEGAL  BATTLE. 

"  He  was  about  5  feet  7  as  near  as  I  could  judge.  He  was  a 
medium-sized  man,  with  a  small  mustache,  a  dirty-looking  face 
and  straight  hair.  He  had  a  slouch  hat  with  a  very  low  crown, 
and  very  faded-looking  clothes.  He  had  on  an  overcoat  which 
looked  too  large  for  him  and  very  much  faded.  He  looked  rusty 
and  dirty-looking.  His  coat  was  buttoned  at  the  neck,  but  the 
collar  was  not  turned  up  at  all.  The  rim  of  his  hat  appeared  to 
be  very  soft — that  is,  bent  and  broken — and  it  fell  down  at  the 
back.  It  was  a  hat  that  could  be  crushed  up.  It  was  not  a  small 
hat,  but  had  a  very  low  crown." 

"You  speak  of  his  face  being  dirty  ? " 

"  It  was  not  clean-shaven.  He  had  a  small  mustache ;  it  was 
dark^  not  black.  It  was  a  long  growth  of  beard,  a  stubbly  and 
unshaven  face." 

"  How  about  his  build,  as  to  whether  he  was  heavy  or 
light  ? " 

"  He  was  not  a  heavy  man.  He  was  well  put  together — I 
should  say  wiry  and  quick  in  his  movements.  His  eyes  were  very 
peculiar — very  wicked.  He  had  a  most  villainous  countenance. 
I  will  say  right  here,  when  he  looked  at  you " 

"  I  object  to  that,"  said  Mr.  Forrest. 

''  His  eyes  said,  *  Don't  look  at  me  again.'  " 

"  I  object  to  that,"  said  Mr.  Forrest. 

"  That  may  be  stricken  out,"  said  the  court.  "  Both  as  to 
the  villainous  look  and  the  other ;  the  two  last  stanzas  ma}'-  be 
stricken  out." 

Her  interview  with  O'Sullivan  on  May  5  was  next  described, 
and  the  two  visits  made  to  her  house  by  Capt.  Schaack  and  Mr. 
Beck  with  the  white  horse.  Upon  the  latter  occasion  she  fully 
identified  the  horse. 

Charles  W.  Beck,  a  reporter  for  the  Times,  testified  to  bring- 
ing Dinan's  white  horse  out  to  the  Carlson  flat  and  getting  a  com- 
plete identification  of  it.  Sarah  S.  McNearney,  Agnes  McNearney 
and  Dr.  Cronin's  brother,  John  J.  Crouin,  gave  their  evidence, 


THE  LEGAL  BATTLE.  341 

which  was  followed  by  the  testimony  of  Frank  Scanlan,  who  had 
met  Dr.  Cronin  on  the  pavement  just  as  he  was  getting  into  the 
buggy  in  which  he  was  driven  to  his  death. 

"  This,"  he  said,  "  was  about  half  past  seven  in  the  evening. 
I  saw  him  leaving  the  entrance  of  the  building  to  go  into  the 
buggy  at  the  edge  of  the  sidewalk.  The  man  who  drove  came 
down-stairs  with  him.  The  driver  was  first.  1  did  not  speak  to 
the  Doctor  until  he  was  just  getting  into  the  buggy.  The  man 
who  drove  the  horse  got  in  the  buggy  first.  As  the  Doctor  got  in 
the  man  had  the  lines  and  appeared  to  be  ready  to  drive  away.  I 
said:  'Hello,  Doctor,  where  are  you  going?'  He  said: 'lam 
going  to  attend  to  an  accident  at  an  ice-house  out  north.'  I  says: 
'  You  know  there  is  a  meeting  of  the  Celto- American  in  your  of- 
fice to-night.'  Just  as  I  said  that  the  man  asked  him  to  change 
seats.  At  this  time  the  man  was  on  the  left  side,  facing  north. 
What  he  said  I  did  not  understand,  but  the  Doctor  listened  and 
nodded,  so  much  as  to  say,  'Yes.'  And  the  man  got  up  with 
his  knees  close  to  the  dash-board,  and  moving  to  the  right;  the 
Doctor  slid  over,  moving  to  the  left.  When  he  got  on  that  side, 
he  said :  '  It  is  fortunate  you  came  now,  you  can  take  the  keys.' 
He  reached  his  hands  in  his  pockets  to  get  out  the  keys,  and  they 
were  cramped  for  room  in  the  buggy,  and  he  got  his  hand  in  the 
wrong  pocket.  Then  he  turned  and  got  his  hand  into  the  other 
pocket  and  got  the  keys  out  on  a  ring.  When  I  saw  the  number 
of  keys  I  asked  him  which  one  would  unlock  the  door.  He  got 
the  keys  up  on  the  ring  that  way  (indicating)  to  get  the  key  that 
would  unlock  the  door.  I  went  to  reach  for  it,  and  the  man 
started  the  horse  the  least  bit. 

"  The'  Doctor  was  looking  through  the  bars  of  the  buggy 
when  the  man  started  the  horse  up,  and  I  caught  the  keys  through 
the  side  of  the  buggy.  I  then  said  to  him:  'When  will  you  be 
back?'  I  intended  to  tell  them  down  at  the  meeting  he  would 
be  there.     He  replied:  'God  knows;  I  do  not  know  how  long 


342  THE  LEGAL  BATTLE. 

this  thing  will  take.'  The  man  started  again,  and  Dr.  Cronin 
said :  '  You  will  find  some  papers  down  there  for  the  men  to  sign.* 
I  followed  him  up  three  or  four  steps  because  I  thought  he  said 
'for  the  stockholders  to  sign,'  so  I  followed  him  up  three  or  four 
steps  further  to  get  a  still  further  talk.  The  man  started  the 
horse,  however,  and  I  could  not  hear  nor  quite  catch  what  he 
meant,  except  that  there  were  some  papers  for  certain  parties  to 
sign." 

Witness  then  described  the  appearance  of  the  man.  He  wore 
a  dark  brown  overcoat,  a  black  soft  felt  hat  with  a  small  crown 
and  a  small  rim.  He  had  dark,  fierce-looking  eyes,  a  dark  mus- 
tache, and  regular  features.  He  apparently  had  not  been  shaved 
for  a  week.     He  also  described  the  horse  and  buggy. 

'*  How  was  the  buggy  as  to  width  ? " 

"  I  noticed  the  seat  was  very  narrow.  They  seemed  to  be 
cramped  in  the  seat;  they  could  hardly  move  around." 

"  Did  you  ever  see  that  horse  and  buggy  after  that  day  ? " 

"  I  saw  it  in  front  of  Byrne  &  Carroll's  undertaking  rooms 
on  East  Chicago  Avenue." 

After  a  few  more  details  had  been  given  as  to  the  driving 
away  of  Dr.  Cronin,  the  witness  was  turned  over  to  Mr.  Forrest. 
The  latter  first  tried  to  find  out  just  where  Mr.  Scanlan  stood  when 
the  Doctor  came  down,  and  then  went  into  the  subject  of  the  Cor- 
oner's inquest  and  the  famous  white  horse.  He  wanted  to  know 
what  the  witness  had  testified  to  at  the  inquest,  but  the  witness 
couldn't  remember  his  exact  words  and  said  so.  Mr.  Forrest  then 
went  over  the  entire  scene  on  the  sidewalk  as  Dr.  Cronin  was 
driven  away  and  had  all  the  previous  evidence  repeated. 

"  To  the  Coroner's  jury  you  said  the  man  was  about  your 
build,  did  you  not  ? " 

"  I  said  he  was  about  my  build,  but  not  so  heavy." 

"  Did  you  say  '  not  so  heavy'.?" 

'*I  don't  know  whether  I  did  or  not." 


THE  LEGAL  BATTLE. 


343 


On  redirect  by  Mr.  Longenecker,  Mr.  Scanlan  said  that  he 
thought  the  man  driving  was  the  foreman  of  the  ice  barns  or 
something  of  that  sort,  because  the  horse  was  just  such  a  one  as 
was  generally  used  for  such  a  purpose. 


Chaptee  v.  ' 

The  State's  Full  Case— The  Trial  Committee  Not  Proven— The 
Chances  for  Beggs — Coiighlin,  Burke  and  O'SulIivan  About 
the  Carlson  Cottage — A  Fatal  Drink — The  Case  Against 
Kunze — Unfortunate  Cleanliness — Mertes,  the  Milkman  — 
Details  of  Cronin's  Last  Night — The  Theory  of  the  Murder 
— The  Doctor's  Clothes  Found  at  Last — Sensational  Scene  in 
Court — Mrs.  Hoertel  on  the  Stand — Her  Startling  Evidence 
— Clancey  and  O'SulIivan — The  Experts  on  the  Relics — The 
Volume  of  Proof — Dangerous  Revelations. 

I?  T  would  entirely  exceed  the  limits  of  this  volume  to  pretend 
I  to  go  into  the  great  mass  of  evidence  presented  by  the  State 
1]   and  arranged  in  a  damning  coil  about  the  prisoners. 

Beginning  with  the  testimony  of  the  men  who  found  the 
body,  and  ending  with  that  of  Mrs.  Hoertel,  the  State  placed  be- 
fore the  jury  a  graphic  story  of  the  crime.  The  only  thing  miss- 
ing was  convincing  proof  of  the  conspiracy  in  Camp  20.  While 
the  attorneys  have  shown  by  nearly  a  score  of  witnesses  that  a 
secret  committee  was  ordered  to  investigate  Dr.  Cronin,  yet  they 
have  been  unable  to  prove  that  such  a  committee  was  appointed 
or  that  it  ever  acted.  Dennis  O'Connor  was  one  of  the  best  wit- 
nesses the  State  had,  though  his  sympathies  were  arrayed  against 
the  State.  It  was  also  shown  against  Beggs  by  the  testimony  of 
Maurice  Morris  and  Joe  O'Byrne  that  he  stated  three  days  after 
the  murder  that  Dr.  Cronin  would  turn  up  all  right,  and  when 
his  prediction  was  doubted,  he  declared  that  he  knew  what  he  was 
talking  about,  because  he  belonged  to  the  inner  circle.  Stephen 
Colleran,  a  big,  lumbering  sewer  laborer  and  a  member  of  Camp 
20,  told  of  a  visit  he  and  Burke  paid  Beggs  in  the  ex-Senior 
Guardian's  law  office  in  April,  when,  according  to  the  theory  of  the 
State,  the  final  preparations  for  the  murder  were  being  carried 
forward.     The  lawyers  for  the  State  argued  from  all  this  that 

(344) 


346  THE  LEGAL  BATTLE. 

Beggs  had  a  guilty  knowledge  of  the  crime,  and  that  he  ought  to 
be  punished.  They  admitted  even  then,  however,  that  the  grounds 
on  which  their  arguments  were  based  were  a  trifle  weak.  The 
Senior  Guardian  owes  his  good  luck  to  his  attorne3\  Harry 
O'Connor  and  Tom  O'Connor  were  important  links  in  the  chain. 
The  former  told  of  the  discussion  about  the  circular  that  was 
read  in  Dr.  Cronin's  camp,  and  the  latter  told  of  the  appoint- 
ment of  a  secret  committee  to  try  the  Doctor. 

Dan  Coughlin,  Martin  Burke,  Pat  O'Sullivan,  and  even  little 
Kunze  were  certainly  left  in  a  bad  way  by  the  State's  case.  One 
of  the  most  significant  points  that  had  been  brought  out,  and 
which  has  seemingly  attracted  very  little  attention,  involved  both 
Burke  and  Coughlin.  The  latter,  in  an  interview  with  Chief 
Hubbard,  after  it  was  known  that  he  had  hired  Dinan's  white 
horse,  described  the  man  for  whom  he  had  hired  it  as  Thomas 
Smith,  of  Hancock,  Mich.  He  told  Hubbard  that  Smith  came  to 
him  with  a  note  from  his  (Coughlin's)  brother.  He  also  said  that 
Smith  brought  him  a  message  from  John  F.  Ryan,  a  merchant  of 
Hancock.  Ryan  had  instructed  the  mysterious  Smith  to  call 
around  and  see  Coughlin  as  soon  as  he  reached  Chicago.  Martin 
Burke  was  also  a  friend  of  Ryan,  and  it  was  to  him  he  fled  for 
protection  when  Chicago  became  too  hot  a  place  to  remain  in. 
This  much  Burke  confessed  in  his  original  interview  with  Chief 
McRae  and  Sergeant  McKinnon,  of  the  Winnipeg  police  force. 
He  not  only  admitted  that  he  lived  with  Ryan  for  some  time,  but 
that  he  had  communicated  with  him  within  an  hour  after  he  reached 
Winnipeg. 

It  was  to  show  the  commion  friendships  existing  between  Cough- 
lin and  Burke  that  Sergeant  McKinnon  was  brought  all  the  way 
from  Winnipeg,  also  the  fact  that  Burke  was  sent  out  of  the  coun- 
try by  Dan  Coughlin's  intimate  friends. 

The  history  of  the  crime,  as  revealed  by  the  prosecution,  was 
really  begun  when  Mrs.  T.  T.  Conklin  was  placed  upon  the  stand 
to  describe  the  departure  of  Dr.  Cronin  in  company  with  Cough- 


THE  LEGAL  BATTLE.  347 

lin's  friend,  who  pretended  to  be  a  messenger  from  P.  O'Sullivan, 
the  iceman.  O'Sullivan  had  previously  made  a  contract  with  the 
Doctor,  to  whom  he  had  been  introduced  by  a  Lake  View  justice 
named  Mahoney.  His  contract  was  ostensibly  in  behalf  of  his 
employes  and  persons  whom  they  might  injure  in  the  course  of 
their  business.  It  was  shown  that  O'SuUivan's  whole  force  num- 
bered but  three  men,  and  that  his  business  was  not  half  as  danger- 
ous as  many  others  who  never  dreamed  of  engaging  the  services 
of  a  physician.  When  Sullivan  completed  his  arrangements  with 
the  Doctor  he  gave  him  a  bundle  of  his  business  cards,  and  told 
him  that  in  case  he  ever  needed  him  he  would  send  a  messenger 
whose  honesty  would  be  guaranteed  by  presenting  duplicate  cards. 
Three  days  after  the  contract  O'Sullivan,  as  shown  by  the  evidence 
of  the  editor  of  the  Lake  View  Record^  had  a  new  set  of  cards 
printed  for  the  "Sullivan  Ice  Company."  The  card  he  gave  Dr. 
Cronin  bore  the  firm  name  of  P.  O'Sullivan  &  Co.  The  new 
cards  were  delivered  on  the  evening  of  Thursday,  May  2,  and 
forty-eight  hours  later,  before  it  was  possible  fo  therm  to  be  in 
general  circulation,  one  of  them  was  handed  to  Dr.  Cronin  in  his 
oflice  by  a  young  man  who  said  he  came  from  O'SuUivan's  ice 
house.  The  young  man  was  Coughlin's  friend  from  Hancock,  for 
whom  he  had  hired  Pat  Dinan's  old  white  horse  on  the  morning 
of  Saturday,  May  4.  Dinan's  description  of  the  man  tallies  so 
closely  with  that  given  by  Mrs.  Conklin  and  the  McNearney  sisters 
that  there  can  be  no  doubt  about  his  identity.  Dinan  stated  that 
the  stranger  left  his  barn  at  five  minites  after  seven  o'clock.  Mrs. 
Conklin  says  he  arrived  at  the  Doctor's  office,  half  a  mile  away, 
just  ten  minutes  later.  On  the  following  Monday  morning  Dinan 
went  to  the  Chicago  Avenue  Station  to  tell  Captain  Schaack  about 
his  horse  having  been  hired,  and  there  he  met  Dan  Coughlin,  who 
begged  him  to  say  nothing  about  the  incident  on  the  ground  that 
he  had  not  been  friendly  with  Cronin,  and  that  his  action  might  be 
misinterpreted.  Subsequently,  when  Mrs.  Conklin  came  to  i,den- 
tify  the   horse  and  buggy   for   Captain  Schaack,  Coughlin  told 


348  THE  LEGAL  BATTLE. 

Dinan  that  he  would  be  a  h — 1  of  a  man  to  let  into  a  secret,  because 
he  laid  down  too  quick. 

Then  followed  the  evidence  relating  to  the  discovery  of  the 
body  in  the  Evanston  Avenue  sewer,  the  Carlson  cottage  and 
all  the  other  sensational  incidents  pertaining  to  the  murder. 
It  was  shown  by  Lake  View  policemen  that  the  body  was  carried 
in  the  trunk  that  was  found  on  Evanston  Avenue  on  the  morning 
of  May  5,  clear  from  the  cottage  to  FuUerton  Avenue,  thence  to 
Clark  Street,  and  from  there  north  to  the  big  sewer  at  the  corner 
of  Fifty-ninth  Place  and  Evanston  Avenue.  To  get  at  the  body 
so  as  to  throw  it  into  the  sewer,  it  was  necessary  to  kick  off  the 
lid  of  the  trunk,  because  before  the  conspirators  left  the  cottage 
they  had  locked  the  trunk,  and  had  unwittingly  dropped  the  key 
under  the  washstand.  Here  it  was  subsequently  found  by  Officer 
Lorch.  The  murderers  had  undoubtedly  used  the  very  cotton 
batting  in  the  trunk  that  Dr.  Cronin  took  from  home  to  use  in  his 
treatment  of  O'Sullivan's  supposed  injured  employe.  After  the 
cottage  was  found,  the  sensational  stories  of  the  Carlsons  were  ob- 
tained. They  described  how  Martin  Burke,  whose  identity  at 
that  time  was  not  known  except  as  Frank  Williams,  rented  the 
cottage  on  March  20.  Burke  told  old  Mr.  Carlson  that  he  in- 
tended to  enter  the  employ  of  P.  O'Sullivan,  and  that  his  sister, 
who  was  then  in  Baltimore,  would  keep  house  for  him  and  his 
brother 

Old  man  Carlson  in  his  testimony  said  that  he  became  suspi- 
cious of  Burke  and  his  alleged  brother,  who  was  no  other  than  Pat 
Cooney,  because  they  made  no  headway  toward  entering  upon 
housekeeping  and  because  they  acted  very  queerly.  Old  Carlson 
had  frequently  seen  Burke  call  upon  O'Sullivan,  and  the  day  he 
rented  the  cottage  he  followed  him  as  far  as  the  iceman's  barn 
and  heard  him  tell  O'Sullivan  that  everything  was  all  right.  In 
April  the  old  man  went  to  O'Sullivan  and  asked  him  if  l>e  knew 
whether  Burke  could  l)e  trusted.  O'Sullivan  said  he  could.  The 
Carlsons,  all  of  whom  identified  Burke,  graphically  described  the 


THE  LEGAL  BATTLE.  349 

cottage  as  it  appeared  when  they  went  in  there  on  the  morning 
of  May  19.  They  told  how  they  found  blood-stains  on  the  walls? 
on  the  furniture,  a  mass  of  fresh  paint  on  the  parlor  floor  and 
footprints  in  the  hallway.  They  also  produced  a  letter  purport- 
ing to  come  from  Frank  Williams,  stating  that  the  cottage  would 
be  needed  no  longer,  and  that  they  could  take  possession  of  it  at 
any  time.  The  letter  also  said  the  key  had  been  lost,  and  that  the 
Carlsons  would  have  to  get  into  the  cottage  through  one  of  the 
front  windows.  It  was  the  window  from  the  blind  of  which  a 
slat  had  been  cut  b}''  the  murderers.  It  was  also  proved  that  the 
furniture,  the  trunk  and  a  carpet  had  been  purchased  early  in 
Februar}'  from  A.  H.  Revell  &  Co.  by  a  man  who  gave  his  name 
as  J.  B.  8imonds.  Revell  &  Co.  delivered  them  to  the  top  flat  at 
117  Clark  Street,  which  Simonds  had  rented  from  Knight  & 
Marshall.  Salesman  Hatfield,  of  Revell's,  swore  positively  as  to 
the  identity  of  the  furniture  he  saw  at  the  Carlson  cottage,  and 
also  described  a  big,  heavy  strap  which  he  procured  for  Simonds 
outside  of  his  own  establishment. 

Hakon  Mortensen,  the  expressman,  furnished  the  next  link. 

While  he  was  standing  at  the  corner  of  Market  Street  and 
Chicago,  Avenue,  Burke  approached  him  and  asked  him  to  go  to 
117  Clark  Street  and  haul  from  there  a  load  of  furniture  to  the 
Carlson  cottage.  Mortensen  remembered  every  article  he  hauled, 
and  described  them  on  the  stand  accurately.  It  was  he  who  sub- 
sequently identified  Martin  Burke's  photograph,  and  it  was  chiefly 
his  testimony  in  Winnipeg  that  persuaded  the  Canadian  author- 
ities to  deliver  the  prisoner  to  Chief  Hubbard. 

Then  there  was  the  testimony  of  young  James,  who  saw  John 
Kunze  in  the  flat  at  117  Clark  Street,  one  day  in  February, 
washing  his  feet.  Following  this  came  the  testimony  of  two  of 
Kunze's  fellow-boarders — who  knew  him  under  the  name  of  John 
Kaiser — to  whom  he  frequently  spoke  about  the  Cronin  case,  and 
to  w^hom  he  confessed  that  he  was  liable  at  any  time  to  be 
arrested.     To   one   of   these   men   Kunze   confided  that  he  had 


350  THE  LEGAL  BATTLE. 

friends  living  in  a  cottage  in  Lake  View,  and  one  night  he  asked 
him  to  accompany  him  there.  Following  this  in  the  same  con- 
nection is  the  testimony  of  Nieman,  the  Ashland  Avenue  saloon- 
keeper, who  saw  Kunze  and  O'Sullivanand  Coughlin  in  his  place, 
which  is  only  a  block  from  the  Carlson  cottage,  at  10:30  on  the 
night  of  May  4.  Then  comes  William  Mertes,  the  milkman,  who 
positively  identified  the  little  German  as  the  man  who  drove 
Dan  Coughlin  to  the  cottage  about  8 :30  o'clock.  Mertes  saw 
Kunze's  face  distinctly,  so  distinctly  in  fact  that  he  identified  his 
photograph  before  he  ever  saw  him  after  his  arrest.  He  saw 
Dan  Coughlin  jump  from  the  buggy,  mount  the  stairs  to  the 
cottage  and  enter  through  the  front  door,  and  heard  the  sound  of 
loud  voices  within,  and  also  saw  a  bright  light  shining  through 
the  window.  Gerhardt  Wardell,  a  gardener,  who  lives  diagonally 
opposite  from  the  Carlson  cottage,  on  Ashland  Avenue,  confirmed 
Nieman's  story  in  a  measure.  Nieman  said  that  O'Sullivan, 
Coughlin  and  Kunze  left  his  saloon  about  10:30.  Wardell  was 
walking  north  on  Ashland  Avenue  on  his  way  home  at  that  time, 
and  he  said  that  he  saw  two  men,  one  tall  and  the  other  shorter, 
walking  directly  ahead  of  him.  He  was  surprised  when  they 
reached  the  Carlson  cottage  to  see  them  turn  in  there.  A  bright 
light  was  burning  inside,  and  as  Wardell  passed  the  cottage  he 
could  distinctly  hear  the  sound  of  hammering.  The  next  morn- 
ing when  he  passed  the  cottage  on  his  way  to  church  he  saw  blood 
on  the  sidewalk,  and  told  his  wife  that  somebody's  nose  had  been 
bleeding.  The  testimony  of  the  salesman  for  Bacharach,  the 
shirtmaker,  was  that  on  the  morning  of  May  5th  Cooney  and 
Burke  bought  new  shirts,  and  that  they  both  declined,  when 
asked  to  do  so,  to  take  off  their  coats  and  vests  to  be  measured. 

Then  followed  the  introduction  of  Dr.  Cronin's  clothes,  his 
surgical  instruments  and  many  other  things  of  his  that  were 
found,  after  the  case  had  begun,  in  the  Evanston  Avenue  man-hole. 
Mrs.  Conklin  identified  every  article. 

Then  followed  the  real  sensation  of  the  whole  case,  the  testi- 


352  THE  LEGAL  BATTLE. 

mony  of  Mrs.  Hoertel.  Her  description  of  the  white  horse 
coming  up  to  the  Carlson  cottage,  of  Dr.  Cronin's  entrance  to  the 
cottage  and  of  the  sounds  she  heard  before  she  could  get  out  of 
earshot  was  most  dramatic. 

There  was  plenty  of  interlocutory  proof  that  nearly  all  the 
defendants  entertained  unfriendly  feelings  toward  Dr.  Cronin. 
Harry  O'Connor  told  the  jury  that  Dan  Coughlin  at  one  time 
called  Dr.  Cronin  an  English  spy  and  a  second  Le  Caron.  Pat 
O'Sullivan,  the  day  after  the  body  was  found,  told  one  of  his 
customers,  who  was  also  a  witness,  that  Cronin  was  a  British  spy 
and  that  he  ought  to  be  killed.  Martin  Burke  used  similar 
language  while  he  was  engaged  in  conversation  with  Gus  Klahre 
on  the  Monday  following  the  murder.  There  is  also  evidence  to 
show  that  Burke,  before  he  went  to  Winnipeg,  was  in  Joliet  for 
nearly  two  weeks,  that  when  he  reached  there  he  did  not  have  a 
dollar,  and  that  he  earned  but  $1.50  while  he  was  there. 

The  expert  testimony  all  tended  to  show  that  it  was  Dr. 
Cronin's  hair  that  was  found  in  the  bloody  trunk,  also  his  hair 
that  was  found  on  the  cake  of  soap  in  the  cottage.  The  doctors 
did  not  give  a  direct  opinion  on  the  subject,  because  they 
were  barred  from  doing  so,  but  the  hair  was  all  submitted  to 
the  jury,  to  determine  for  itself  by  a  comparison  of  the  different 
specimens  wliether  it  was  all  alike. 

I  do  not  believe  that  one  of  the  attorneys  for  the  State 
would  marshal  the  chain  of  evidence  any  more  completely  than 
it  is  set  forth  above,  a  credit  which  I  am  the  more  willing  to 
claim  for  it,  seeing  that  it  was  not  my  own,  but  the  summing  up 
of  the  Herald^  prepared,  I  suppose,  by  Mr.  Florence  Sullivan, 
whose  magnificent  work  on  this  mystery  from  first  to  last  has 
attracted  much  attention  in  newspaper  circles. 

The  closing  of  the  State's  case  was  not  devoid  of  sensational 
features,  chief  of  which  was  the  introduction  upon  the  stand  of 
Mrs.  Paulina  Hoertel,  a  little  German  woman  with  a  thin,  pinched 
face  and  more  intelligence  than  is  usually  found  among  women 


THE  LEGAL  BATTLE.  353 

of  her  calling.  She  was  dressed  poorly,  but  neatly.  She 
has  had  rather  a  tempestuous  life,  and  was  upon  one  occasion 
arrested  for  chicken-stealing,  but  was  promptly  and  honorably 
acquitted.  Her  husband  is  a  man  who  drinks  heavily,  and  as  a 
consequence  she  has  had  much  trouble  with  the  neighboring 
saloon-keepers. 

On  the  night  of  May  4,  she  told  the  court,  she  had  left  her 
home  on  Racine  Avenue  to  go  and  look  for  her  husband.  The 
first  place  she  visited  was  Ertel's  saloon.  She  peered  through  the 
window  and  saw  two  men,  who  looked  like  laborers,  drinking  their 
evening  beer.  Her  husband  was  not  there.  It  was  eight  o'clock 
by  the  big  timepiece  which  hung  on  the  wall  of  the  saloon.  Mrs. 
Hoertel  then  started  to  find  her  husband's  business  partner,  who 
lived  west  of  Ashland  Avenue.  She  went  to  Woodside  Avenue 
and  thence  to  Cornelia  Street,  from  whence  she  determined  to  re- 
turn home,  and  just  as  she  entered  North  Ashland  Avenue  from 
Cornelia  Street  she  saw  a  white  horse,  harnessed  to  a  top  buggy, 
dash  toward  her  from  the  direction  of  the  city.  It  was  star-light, 
and  from  her  position  on  the  crosswalk  she  saw  two  men  in  the 
vehicle.  The  horse  turned  round  directly  in  front  of  the  Carlson 
cottage.  A  tall  man  alighted  from  the  buggy.  He  carried  a 
black  satchel  or  box  in  his  left  hand.  Mrs.  Hoertel  was  now  on 
the  same  side  of  the  street  where  the  tall  man  stood.  Neither 
could  see  the  other  distinctly.  The  woman  walked  slowly  toward 
the  cottage.  She  saw  the  tall  man  extend  his  arm  toward  the 
buggy  as  if  he  was  reaching  for  something.  Then  he  started  for 
the  cottage  steps.  At  the  same  instant  the  mysterious  man  in 
the  vehicle  whipped  the  v/hite  horse  into  a  furious  gallop  and 
started  toward  the  city.  The  tall  man  walked  briskly  up  the 
long  flight  of  stairs  leading  to  the  front  entrance  to  the  cottage. 
When  he  reached  the  threshold  the  door  was  opened  by  somebody 
within  the  cottage.  His  approach  had  evidently  been  timed  by 
one  of  the  persons  inside.  There  was  a  bright  light  in  the  front 
room  of  the  building,  and  when  the  door  opened  Mrs.  Hoertel 


354:  THE  LEGAL  BATTLE. 

saw  the  reflection  of  the  flame  on  the  steps.  The  door  closed 
just  as  the  woman  got  in  front  of  the  cottage.  The  buggy  was 
now  out  of  sight. 

"  Did  you  hear  any  sounds  in  the  house  ?  " 

"  Yes,  sir." 

"  Tell  the  jury  what  you  heard.'* 

"  It  seemed  to  me  as  if  somebody  was  crying,  '  Oh,  God! '  and 
it  sounded  as  if  somebody  fell,  and  it  was  all  through.  I  could 
not  say  what  it  was." 

This  statement  of  the  witness  caused  a  profound  sensation 
in  the  court-room. 

"  Did  you  hear  anything  else  besides  those  sounds  you  have 
described  ?  "  Mr.  Mills  asked. 

The  interpreter  put  the  question  and  listened  intently  to  her 
answer.  "  '  It  was  everything  through,'  she  said,  answered  the 
interpreter, '' '  and  then  I  could  not  say,  and  I  went  away.'  " 

"State  whether  or  not  you  went  home  then." 

^'  Yes,  sir ;  I  went  to  Roscoe  Street,  and  on  Roscoe  Street  to 
Racine  Avenue,  home." 

"  Did  you  see  your  husband  there .? " 

"Yes,  I  saw  him,  but  not  immediately." 

"  Mr.  Interpreter,"  inquired  Mr.  Mills,  "  have  you  inter- 
preted the  exact  words  of  this  witness  as  to  what  she  heard  com- 
ing by  the  cottage  ?  " 

"  She  said,"  responded  the  interpreter,  "  '•  everything  sounded 
to  me  like  it  was  mixed ' — that  is  the  right  translation." 

"  You  said  she  heard  the  word  '  God.'  " 

"  Yes,  sir,"  replied  the  interpreter. 

"  Did  she  not  say  the  word  *  Jesus '  also.^  " 

The  interpreter  put  the  question  again,  and  the  witness'  an- 
swer was:  "Yes,  sir;  I  heard  the  word  'Jesus.'  I  think  that 
word  was  spoken.  It  sounded  to  me  as  if  the  words  were  dying 
away,  and  as  if  something  broke." 

The  State's  last  witness,  James  Clancey,  a  reporter  for  the 


THE  LEGAL  BATTLE.  355 

New  York  Herald^  was  one  of  its  best.  Mr.  Clancey  came  to 
Chicago  on  Maj^  16  to  investigate  Dr.  Cronin's  disappearance, 
and  one  of  the  first  things  he  did  was  to  call  on  O'Sullivan,  the 
iceman,  at  his  home  near  the  Carlson  cottage.  O'Sullivan  told 
him  he  had  known  Dr.  Cronin  about  five  years,  and  that  he  was 
sure  the  Doctor  would  turn  up  alive  before  many  weeks  passed. 
Clancey  asked  about  the  contract  with  the  Doctor  for  professional 
services,  and  O'Sullivan  explained  that  accidents  happened  so  fre- 
quently while  his  men  were  delivering  ice  that  it  was  cheaper  to 
pay  a  yearly  retainer  to  a  physician  than  ordinary  fees.  The 
night  the  Doctor's  body  was  found  Clancey  again  called  on  O'Sul- 
livan, who  was  in  his  shirt  sleeves. 

"  Have  you  heard  the  news  }  "  the  reporter  asked. 

"  I  heard  they  found  a  body  in  the  lake  to-day,"  was  the 
iceman's  reply. 

"  I  hadn't  heard  that,"  said  Clancey,  "  but  I  know  Dr.  Cro- 
nin's  body  has  been  found  in  a  sewer  on  Evanston  Avenue." 

"What!  whatl"  exclaimed  the  ice-man,  his  face  growing 
pale  and  his  whole  body  trembling. 

"  Yes,  they've  found  the  Doctor's  body  at  last.  Now  I  want 
you  to  go  to  the  morgue  with  me  and  identify  it,  which  you  can 
do,  since  you  knew  the  Doctor  so  well  for  five  years." 

Clancey,  continuing,  said  O'Sullivan  trembled  more  violently 
than  ever  at  this  proposition,  and  in  the  end  begged  to  be  spared 
ftom  visiting  the  morgue. 

Some  rather  romantic  episodes  were  brought  out  subsequently 
belonging  to  the  witness'  career  in  the  old  country. 

"  I  joined  the  Irish  Republican  Brotherhood,"  replied  the 
witness,  "  in  England  in  1862.  I  was  rather  active  in  propagating 
the  principles  of  the  Irish  Republican  Brotherhood  in  London, 
and  subsequently  in  the  army.  In  1866  I  received  a  notice  from 
James  Stephens,  who  was  then  at  the  head  of  the  organization,  to 
leave  the  army  and  come  on  with  what  men  I  could  get  to  Ire- 
land and  take  part  in  a  projected  insurrection.     My  instructions 


356  THE  LEGAL  BATTLE.     ' 

were  to  go  to  London  and  wait  for  further  orders.  I  went  to 
London  and  received  orders  there  to  wait  still  longer.  Finally  I 
was  informed  that  the  rising  would  not  take  place.  Then  I 
again  entered  into  journalism,  and  remained  in  it  until  I  was  ar- 
rested in  1868  as  a  Fenian.  I  was  tried.  Two  policemen  effected 
my  arrest,  and  we  had  a  tussle  and  I  shot  at  them,  and  that  formed 
the  groundwork  of  the  accusation  against  me.  I  was  tried  and 
convicted  at  the  Old  Bailey  in  London  in  1868,  and  was  sentenced 
to  penal  servitude  for  life.  During  the  trial  documents  were 
handed  to  the  Judge  relating  to  my  career  in  the  Irish  Repub- 
lican Brotherhood.  Afterward  he  remarked  that  it  was  a  very 
bad  case,  and  in  open  court  said  I  was  a  very  dangerous  man, 
after  looking  over  the  documents.  He  gave  me  the  highest  sen- 
tence of  the  law  short  of  hanging.  I  remained  in  prison,  as  I 
have  stated,  for  about  ten  years.  In  the  meantime  friends  of 
mine  in  Parliament  made  efforts  to  have  me  liberated.  Finally 
they  succeeded,  and  my  sentence  of  imprisonment  for  life  was  re- 
duced to  fourteen  years,  but  four  years  was  subsequently  taken 
off  for  what  they  were  pleased  to  term  good  conduct,  and  I  was 
then  liberated  on  a  ticket  of  leave." 

One  of  the  most  startling  events  in  the  whole  history  of  the 
case  was  the  finding  at  two  o'clock  in  the  afternoon  of  November 
8th  of  Dr.  Cronin's  clothes  and  instruments  in  a  catch-hasin  near 
the  one  where  his  body  was  discovered. 

Michael  Gilbert,  of  152  Sedgwick  Street,  was  foreman  of  the 
cleaning  gang,  Mike  Reese  was  one  of  his  assistants,  and  W.  W. 
McMillan  had  charge  of  the  flushing  gang  that  was  brought  along 
to  expedite  operations.  The  three  men  raised  the  cover  of  the 
catch-basin  at  Fifty-ninth  and  Evanston  Avenue,  and  Reese  was 
lowered  into  it.  He  had  scarcely  reached  the  bottom  when  he 
shouted  back  to  Gilbert  and  McMillan  that  he  had  found  a  box. 

''  What's  in  it  ?  "  one  of  them  asked. 

"  Something  that  sounds  like  iron  or  tin,"  was  the  reply  from 
Reese.     A  moment  later  the  box  was  passed  to  his  curious  com- 


358  THE  LEGAL  BATTLE. 

panions,  who  were  peering  into  the  filthy  depths,  and  they  opened 
it  as  eagerly  as  if  it  contained  Captain  Kidd's  lost  treasure.  It 
was  an  oblong  box  about  a  foot  in  length,  seven  or  eight  inches 
deep  and  nearly  as  broad.  In  spots  there  were  evidences  that  it 
had  once  been  highly  varnished  and  polished.  A  brass  handle 
in  the  center  of  the  case  indicated  that  it  had  been  owned  by 
some  one  who  carried  it  as  a  satchel  is  carried.  To  force  open 
the  case  was  the  work  of  but  a  moment  for  Gilbert  and  McMillan, 
who,  after  a  single  glance  at  the  filth-covered  contents,  exclaimed 
in  one  breath  :  "  This  is  Dr.  Cronin's  box  !  "  The  "  tin  or  iron" 
of  which  Reese  had  spoken  was  an  assortment  of  extension  splints 
with  which  the  Doctor  had  provided  himself  in  anticipation  of 
having  to  treat  a  fractured  leg  when  he  should  reach  Pat  O'Sul- 
li van's  house  in  Lake  View. 

Reese  soon  began  calling  to  McMillan  and  Gilbert  again, 
and  this  time  he  exclaimed  that  he  had  found  a  satchel  and  a 
bundle  of  clothes.  A  moment  later  he  passed  up  the  broken 
frame  of  a  second  satchel,  whose  coverings  had  been  entirely 
consumed  by  the  foul  waters  of  the  sewer.  The  bundle  of  clothes 
was  reeking  with  slimy,  black  refuse,  and  the  three  men,  rather 
than  examine  it,  concluded  to  turn  it  over  to  the  police.  One  of 
them  sent  in  a  call  to  the  old  Lake  View  Station,  and  a  quarter 
of  an  hour  later  the  patrol  wagon  —  the  same  one  that  carried 
Dr.  Cronin's  naked  body  to  the  morgue  —  was  rolling  up  Evans- 
ton  Avenue  at  a  lively  rate.  The  bundle  of  clothes,  the  half- 
consumed  satchel,  the  instrument  box  and  the  leather  satchel 
were  hurriedly  loaded  on  the  stretcher,  under  the  personal  direc- 
tion of  Lieutenant  Koch,  and  carried  to  the  Sheflield  Avenue  Sta- 
tion. Once  there,  Lieutenant  Koch  hastened  to  telephone  Chief 
Hubbard  the  details  of  his  important  find,  and  he  received  orders 
to  deliver  it  at  headquarters  as  quickly  as  possible.  Before  three 
o'clock  the  dirty  packages  were  spread  out  on  a  rubber  tarpaulin 
in  Chief  Hubbard's  private  office.  The  leather  satchel,  after 
being  submitted  to  a  bath  under  a  running  hydrant,  was  opened, 


THE  LEGAL  BATTLE.  359 

and  the  first  thing  the  Chief  drew  from  it  convinced  him  that  it 
was  the  missing  satcliel  of  the  murdered  Doctor.  The  article  the 
Chief  selected  was  a  book  that  had  swollen  to  more  than  twice  its 
natural  size.  He  opened  it  cautiously,  glanced  over  the  fly-leaf, 
and  through  the  veneering  of  dirt  he  was  enabled  to  distinctly 
trace  the  name  "  Dr.  P.  H.  Cronin,"  written  in  the  bold  hand  of 
the  man  who  had  once  owned  the  book.  In  another  part  of  it  was 
a  package  of  cards  which  were  in  a  fair  state  of  preservation. 
These  proved  to  be  the  Doctor's  business  cards.     They  read  : 


DR. 

P. 

H.  CRONIN, 

i                   Physi 

cian 

and  Surgeon, 

Chicago. 

:             Office, 

Residence, 

;    501  Opera  House 
:             Block. 

468  and  470 
North  Clark  St 

\       Office  Hours: 

Office  Hours. 

12  to  1p.m. 
[           2  to  5  p.  m. 

9  to  11  a.  m. 
and  6  to  7:30  p.  m. 

The  clothes,  which  were  identified  by  Mrs.  Conklin,  had 
manifestly  been  cut  away  from  the  body  after  death. 

The  clothes,  witli  a  smaller  satchel,  had  been  packed  in  a  valise, 
of  which  only  the  ribs  remained.  These,  however,  were  enough 
to  satisfy  Mr.  Hatfield  that  it  was  the  same  satchel  he  had  sold 
to  "  J.  B.  Simonds." 

The  smaller  bag  was  identified  by  Mrs.  Conklin.  In  it  were 
the  instruments  of  the  dead  Doctor,  a  case  with  the  name  upon 
it,  prescription  blanks,  memoranda  in  his  handwriting,  and  letters 
and  postal-cards  addressed  to  him.  There  could  not  be  a  clearer 
or  more  satisfatory  identification  of  every  article.  Besides  the 
Doctor's  shirt,  there  was  another,  doubtless  worn  by  one  of  the 
murderers,  and  bundled  in  to  hide  it.  It  was  soaked  with  blood, 
as  were  all  the  clothes,  but  there  was  no  mark  upon  it  which 
would  give  any  clue  to  its  former  owner. 


Chapter  VI. 

•The  Case  for  the  Defense — Contradictions  of  the  State's  Wit- 
nesses— The  White  Horse  Again — Attacking  Mrs.  Conklin's 
Identification  of  the  Famous  Animal — Alibis  for  Kunze, 
Coughlin,  Burke  and  O'Sullivan — The  German  Clan-na-Gael 
—  Why  Kunze  Said  he  would  be  Arrested — Mat  Dannahy's 
Evidence — Coughlin  at  the  Station — O'Sullivan's  Where- 
abouts— Circumstance  against  Circumstance. 


HE  defense  commenced  its  case  on  Saturday,  November  16, 
•jsA\  very  quietly,by  moving  to  exclude  a  great  deal  of  the  testi- 
mony offered  by  the  State  upon  various  grounds.  These  mo- 
tions overruled  by  the  court  and  exceptions  being  taken,  the  first 
witness  for  the  prisoners,  Frank  Squibb,  a  stenographer,  was  called. 
He  had  taken  shorthand  notes  of  the  testimony  given  at  the  Coro- 
ner's inquest,  which  he  produced  in  court  and  which  displayed  sev- 
eral important  contradictions  on  the  part  of  the  State's  witnesses, 
Frank  Scanlan,  Jonas  Carlson  and  John  Sampson,  in  the  various 
circumstances  to  which  they  had  testified,  and  then  was  followed 
by  Capt.  Michael  J.  Schaack,who  was  examined  as  to  Mrs.  Conklin's 
failure  to  identify  the  white  horse. 

"  Had  you  told  Mrs.  Conklin  before  you  went  up  there  that 
you  thought  you  had  the  right  horse  and  rig  and  would  bring  it 
up  to  her  ? " 

'*  Something  of  that  kind,  yes,  sir." 

"  Now  tell  the  jury  everything  that  was  said  and  done  from 
the  time  3^ou  met  Mrs.  Conklin  until  you  left." 

"  There  was  not  much  said.  I  had  the  horse  there  and  told 
Mrs.  Conklin  that  that  was  the  horse  I  had  spoken  about,  and 
that  I  wanted  her  to  look  at  it,  and  she  looked  at  it  and  said  it 
was  not  the  horse.     That  is  about  all  there  is  about  it." 

"  What  part  of  the  horse  were  you  and  Mrs.  Conklin  looking 
(360) 


THE  LEGAL  BATTLE.  361 

at  while  it  was  standing  there;  what  part  of  the  horse   was  facing 
you  and  Mrs.  Conklin  ? " 

•'  Well,  the  horse  was  about  right  down  from  us;  it  was  stand- 
ing so  we  had  a  side  view.  Then  the  horse  went  north  and  came 
back  on  the  other  side,  and  we  could  see  it  coming  down  the  other 
side,  and  then  it  was  turned  around  and  brought  up  again,  and 
put  pretty  nearly  in  the  same  place  where  it  was  first." 

"  Wlien  did  you  next  see  Dan  Coughlin  after  the  return  of 
that  horse  and  buggy,  and  delivering  it  to  Dinan's  livery -stable  ?  " 

"  That  I  can't  remember;  I  saw  him  quite  often ;  I  passed  there 
a  great  deal,  and  I  passed  the  station  a  great  deal." 

"  Did  you  tell  Dan  Coughlin  what  Mrs.  Conklin  said  about 
the  horse  ? " 

"  I  told  him  she  said  it  was  not  the  horse  and  he  was  a  lucky 
man  it  was  not." 

"  About  how  soon  after  your  return  from  the  Conklin  resi- 
dence did  you  say  that  ?  " 

"  That  might  be  the  same  evening." 

'"  At  the  time  };ou  were  there  did  not  Mrs.  Conklin  tell  you 
it  was  a  high-spirited  horse  ? " 

"She  did." 

"  What  did  you  say  to  Dinan  ?  " 

"  I  told  Dinan  he  could  do  with  the  horse  and  buggy  what 
he  pleased;  that  it  was  not  the  rig  we  were  expecting  it  to  be." 

"  Had  you  not  before  that  told  him  not  to  let  that  horse  and 
buggy  out  until  after  you  got  it,  Monday,  May   6  ?  " 

"  I  told  him  that  that  horse  and  buggy  so  far  was  mine,  and 
no  one  was  to  get  it  until  I  called  for  it." 

On  Monday  morning  the  real  work  of  the  defense  began. 

One  of  the  most  important  pieces  of  evidence  against  Kunze 
had  been  the  statement  that  previous  to  his  arrest  he  had  told 
several  persons  that  he  expected  to  get  into  trouble  on  account  of 
the  Cronin  case.  Indeed,  this,  with  the  fact  that  he  had  changed 
his  name,  and  that  he  was  seen  washing  his  feet  in  the  flac  117 


362  THE  LEGAL  BATTLE. 

Clark  Street,  formed  a  great  part  of  the  case  against  the  little 
German  suspect. 

Peter  Koch  is  a  hardwood-finisher,  living  at  529  Otto  Street, 
which  is  only  a  couple  of  blocks  away  from  the  Carlson  cottage. 
He  had  known  Kunze  about  five  years,  and  in  March  and  April  of 
1889  the  defendant  had  lived  with  him.  In  April  Koch  called 
upon  Thomas  Lynch,  of  the  Schufeldt  Distillery  Company,  in  con- 
nection with  the  dynamite  outrage  which  had  been  perpetrated  at 
the  distillery  some  time  before,  and  about  which  he  believed 
Kunze  could  tell  something.  Lynch  took  Koch  over  to  the  Chi- 
cago Avenue  Station  and  introduced  him  to  Dan  Coughlin,  and 
then  Coughlin  came  out  to  witness'  house  with  him.  Kunze,  it 
appears,  had  some  papers  which  it  was  believed  would  implicate 
the  Whisky  Trust  in  the  bomb-throwing  business,  and  Mr.  Lynch 
was  very  anxious  to  get  at  them.  When  Kunze  came  into  the 
house  that  night,  Coughlin  and  he  had  a  long  talk  and  then  went 
out  together.  They  returned  shortly,  Kunze  drunk  and  Coughlin 
sober,  and  Coughlin  took  away  from  Kunze  the  papers  which  he 
had,  and  which  Mr.  Lynch  wanted. 

"  What  did  Kunze  say  ? " 

"  He  said  he  had  another  paper,  but  would  not  give  it  to  him 
for  $1,000.  Coughlin  wanted  that  paper  very  badly,  but  didn't 
get  it." 

"  What  was  done  by  Coughlin  at  that  time  ? " 

"  Coughlin  then  went  away.  I  then  got  Kunze  into  the  house." 

*'  Did  you  ever  see  those  papers  ?  " 

"  Yes,  sir,  Kunze  showed  them  to  me  at  that  time." 

"  I  will  ask  you  if  you  know  what  those  papers  were  ? " 

'*  There  was  one  letter,  written  by  a  man  named  Burrows, 
the  Whisky  Trust  man,  and  one  telegram." 

"  What  occurred  the  next  morning,  if  anything,  between  you 
and  Kunze?" 

"  He  got  into  a  little  trouble  around  there,  and  somebody  was 
going  to  a^-rest  hirn — the  keeper  of  a  little  dry-^oods  store;  and  1 


364  THE  LEGAL  BATTLE. 

told  him  I  did  not  want  him  to  be  arrested  in  my  house,  and  he 
must  get  some  other  place." 

"  When  did  you  next  see  Kunze  ? " 

"I  saw  him  about  two  weeks  before  he  was  arrested.  It  was 
on  the  corner  of  Wabash  Avenue  and  Thirty-third  Street.  I  told 
him  that  they  said  he  took  Dr.  Cronin  out  to  the  Carlson  cottage 
and  that  they  wanted  to  arrest  him.  I  told  him  that  if  he  had  any- 
thing to  do  with  it  or  anything  like  that  he  should  come  down 
and  see  Capt.  Schuettler." 

"  Had  anybody,  prior  to  the  time  that  you  communicated 
those  facts  to  Kunze,  had  a  conversation  with  you  about  arresting 
Kunze  ? " 

"Yes,  sir;  Capt  Schuettler." 

"  What  did  Kunze  say? " 

"  He  said  he  was  going  to  come  down  the  next  day  and  see 
me." 

"  When  did  3^ou  next  see  Kunze  ? " 

"  The  next  day  afterwards.  He  came  down  to  Seipp's  house 
to  see  me." 

''  What  was  the  conversation  then  ?" 

"  He  told  me  that  he  was  coming  down  Saturday  evening." 

"  In  that  first  conversation  between  j^ou  and  Kunze  down 
near  Seipp's,  when  you  met  him  on  the  avenue,  did  Kunze  say — 
about  his  supposed  connection  with  the  Cronin  case — anything, 
when  3^ou  told  him  he  was  suspected  of  it  ? " 

"  He  said:  '  I  don't  look  like  that  man  as  they  have  it  in  the 
newspapers.     I  have  nothing  to  do  with  that  thing  at  all.'  " 

A  circumstance  which  seemed  to  be  a  difficult  one  to  explain, 
was  the  saloon-keeper  Nieman's  testimony  that  O'Sullivan,  the 
iceman,  Coughlin  and  Kunze  had  been  in  his  bar-room,  near  the 
Carlson  cottage,  on  the  night  of  the  murder,  and  had  taken  drinks 
and  cigars  together.  Two  witnesses  were  found,  James  and  Jere 
Hyland,  cousins,  who  had  gone  out  to  O'Sullivan's  on  the  night 
of  Sunday,  May,  5,  to  see  O'Sullivan  on  business,  and  late  that 


THE  LEGAL  BATTLE.  365 

evening  they  with  Sullivan  had  gone  to  Nieman's  saloon  and  had 
taken  exactly  tiie  same  kind  of  drinks  that  the  saloon-keeper  had 
sworn  that  the  others  had  taken.  One  of  the  Hylands  was  tall 
and  the  other  short.  At  a  superficial  glance  they  might  be  mis- 
taken, especially  after  so  great  a  lapse  of  time,  for  Coughlin  and 
Kunze.  It  was  the  theory  of  the  defense  that  the}^  were  mistaken, 
and  Nieman  had  erred  in  thinking  the  party  was  in  his  saloon  on 
the  4th  of  May,  when  they  were  really  there  on  the  5th.  Their 
evidence  was  very  strong  and  manifestly  made  a  deep  impression 
on  the  jury.  The  manner  in  which  they  fixed  the  date  of  their 
visit  to  O'Sullivan  was  curious.  Some  days  later  they  read  in  the 
Daily  News  an  account  of  McGarry's  visit  to  O'Sullivan  in  con- 
nection with  Dr.  Cronin's  disappearance,  and  they  at  once  iden- 
tified to  each  other  McGarry  as  the  stranger  who  was  at  the  house 
when  they  called. 

The  story  of  the  cousins  was  not  shaken  on  cross-examina- 
tion, the  only  discrepancy  being  that  one  said  the  beef  at  supper 
was  hot  on  that  Sunday  evening,  the  other  declaring  that  it  was 
cold,  and  when  the  last  of  them  had  left  the  room  it  was  generally 
felt  that  one  of  the  most  dangerous  allegations  against  Coughlin 
had  been  overturned. 

But  a  stronger  lot  of  proof  was  to  come.  Michael  Whalen, 
i\\\  ex-detoctive,  of  the  Chicago  Avenue  Station,  swore  positively 
that  Coughlin  was  in  his  company  the  whole  of  the  evening  of 
IMay  4th,  and  consequently  could  not  have  been  at  the  Carlson 
cottage  or  in  the  neighborhood. 

"Where  were  you  on  Saturday,  May  4.'^"  inquired  Mr. 
Forrest. 

"I  was  at  a  funeral,"  replied  the  witness;  "John  Casey's 
funeral." 

"  Who  was  John  Casej^  .?  '* 

"  I  lived  with  him  two  years  before  1  was  married.  He  kept 
a  saloon  and  grocery  at  107  East  Huron  Street." 

''  Where  were  you  that  night  ? " 


366  THE  LEGAL  BATTLE. 

''  At  the  Chicago  Avenue  Station.'* 

"  About  what  time  did  you  return  from  the  funeral  ?  " 

"  About  six  o'clock  in  the  evening." 

"  Do  you  know  Michael  Brennan  ? " 

"I  do." 

"  What  was  his  position  on  the  police  force  on  the  4th  of 
May.?" 

"  He  was  the  Lieutenant  of  Police  at  the  Chicago  Avenue 
Station." 


Michael  Whalen. 

"  Was  any  change  made  in  his  position  that  day  ?  " 

"  Yes,  but  I  didn't  know  it  until  evening;  he  was  sent  back 
to  his  old  place,  Secretary  of  Police.  I  helped  him  to  fix  up  his 
effects  that  evening." 

"  How  far  do  you  live  from  the  station  ? " 

''  About  four  or  five  blocks." 

"  Did  you  see  Dan  Coughlin  that  evening  ?  " 

"I  did." 

"Where?" 

"  At  the  Chicago  Avenue  Station." 

"At  what  time?" 

"  I  left  home,  as  near  as  I  can  remember,  at  about  7:30,  and 


THE  LEGAL  BATTLE.  367 

got  to  the  station  about  7:45.  Dan  Coughlin  was  there  when  I 
arrived." 

"  Where  was  he  ? " 

"  Right  in  front  of  the  station." 

"  Go  on  and  tell  what  you  did  that  evening,  and  how  often 
you  saw  Dan  Coughlin." 

"After  that,  the  next  thing  I  remember  I  went  into  the  sta- 
tion and  looked  into  the  book  to  see  if  there  were  any  reports. 
The  next  thing  I  remember  Lieutenant  Brennan  came  there,  and 
we  congratulated  him  on  his  promotion.  He  had  a  lot  of  papers, 
books,  etc.,  he  wanted  fixed  up,  and  I  helped  him  to  do  it.  I 
don't  know  when  Lieutenant  Brennan  left  there.  It  was  some  time 
before  nine  o'clock." 

*'  How  long  did  you  stay  in  and  around  that  station .? " 

"  I  didn't  go  away  from  the  station,  not  outside  the  station 
until  twelve  o'clock  that  night." 

"  That  is  from  the  neighborhood  of  the  station .?  " 

"  Yes,  I  was  right  in  the  neighborhood." 

"  You  say  you  saw  Dan  Coughlin  when  you  arrived  at  the 
station  ?  " 

"  Yes,  sir." 

"  Did  you  see  him  after  that  night  ? " 

"  I  saw  him  all  that  evening." 

"Where  next?" 

"I  saw him» when  I  went  outside;  he  was  outside  when  I  went 
out;  I  saw  him  up  to  ten  o'clock." 

"  How  often  did  you  see  him  from  the  time  you  arrived.? " 

"  Between  nine  and  ten  o'clock  I  don't  think  he  was  out  of 
my  sight,  because  I  was  outside  the  station  all  that  time  myself." 

"  What  was  the  interval  between  the  first  and  second  time 
you  saw  him  ?  " 

"  Oh,  it  might  have  been  inside  half  an  hour." 

"  Do  you  remember  meeting  anybody  else  that  night .'"' 

•'  Yes,  I  remember  meeting  Sergeant  Stift.'* 


368  THE  LEGAL  BATTLE. 

"  Who  was  with  you  when  you  met  him  ?  " 

«  Dan  Coughlin." 

"  Where  were  you  ?  '* 

"  Right  in  front  of  the  station." 

"  What,  if  anything,  occurred  between  you  and  Stift  and 
Coughlin?" 

"  We  went  into  Gleason's  saloon  and  had  a  drink  there." 

"  Who  invited  the  party  to  go  in  ? " 

"  The  Sergeant  did." 

"  Where  is  the  saloon  .^ " 

"  It  is  the  second  door  "west  from  the  station." 

"  Go  on  and  state  what  was  done  and  said." 

"  We  went  in  there.  I  had  a  glass  of  beer ;  I  don't  remember 
what  they  had.  We  were  talking  in  regard  to  Lieutenant  Bren- 
nan  being  promoted.  Stift  said  he  had  to  go,  and  he  left  us  in 
the  saloon." 

"  How  long  did  you  and  Coughlin  stay  there  ?" 

"  I  don't  believe  we  stayed  over  ten  minutes." 

"  Where  did  you  go  then  ? " 

"  We  went  in  front  of  the  station  and  stayed  there  awhile, 
and  I  went  back  into  Maloney's  saloon." 

"  Where  did  you  leave  Coughlin  ?  " 

"  I  left  him  in  front  of  the  station." 

"  That  was  on  the  4th  of  May,  this  year  ?'\ 

"  Yes,  sir,  it  was." 

Although  the  cross-examination  was  pushed  severely,  it 
elicited  nothing  of  importance  save  the  fact  that  the  reason  the 
witness  did  not  arrest  Smith  and  bring  him  in  was  that  Capt. 
Schaack  had  said  that  the  Dinan  horse  and  buggy  were  not  the 
right  one,  and  that,  having  been  put  on  other  police  duties,  he  did 
not  believe  that  the  man  was  wanted  any  longer. 

Officer  John  Stift  was  the  next  witness.  He  declared  that  he 
was  neither  a  member  of  the  Clan-na-Gael  nor  an  Irishman,  and 
that  he  fixed  the  date  of  May  4th  glearly  in  his  mind  because  it 


THE  LEGAL  BATTLE. 


369 


was  the  evening  that  Lieut.  Brennan  was  promoted  to  be  Secretary 
of  the  Police  Department. 

"  I  came  to  the  station  about  8  :30  that  night,"  he  said,  "  to 
be  present  for  roll  call." 

"What  did  you  do  after  roll  call  ?  " 

"After  roll  call  I  went  out  with  a  section  of  men.  I  left  the 
station  and  went  as  far  as  Chicago  Avenue  and  Wells  Street  and 
saw  the  men  off  to  their  posts.     They  went  off  to  their  posts." 


John  Stift, 

"  Then  what  did  you  do  ? " 

"  Then  I  came  back  to  the  station,  went  into  the  station  and 
changed  my  uniform,  and  put  on  a  citizen's  coat  and  a  citizen's  hat." 

"  Then  what  did  you  do  ? '' 

"  Then  I  went  out  of  the  station  to  go  on  my  duty  for  the 
night,  and  met  Officer  Whalen,  or  Michael  Whalen,  at  that  time." 

"Who  else  ? " 

"  Dan  Coughlin." 

"  Where  did  you  meet  them  .?  " 

"  Outside  the  door  of  the  station." 

"When  you  say  '  Dan  Coughlin  '  do  you  mean  this  defend- 
ant ? " 

"Yes,  sir." 


370  THE  LEGAL  BATTLE. 

"What  time  was  it  that  you  met  Dan  Coughlin  and  Mike 
Whalen  at  the  door  of  the  station  that  night  ?  " 

"  Probably  twenty-five  minutes  to  ten  o'clock/* 

"What  did  you  do  ? " 

"  I  invited  them  to  take  a  drink  with  me  at  the  saloon  next 
door  to  the  station,  and  we  went  into  the  saloon.  They  drank 
each  a  beer,  and  I  took  a  cigar.  I  paid  for  it.  We  staid  five  or 
ten  minutes  and  talked  about  Mike  Brennan's  advancement.  Then 
I  left  them  in  the  saloon  and  went  out." 

On  cross-examination  Judge  Longenecker  mixed  the  witness 
up  on  some  other  dates,  but  could  not  get  him  away  from  the 
fact  that  it  was  on  the  evening  of  May  4th  that  he  talked  with 
Whalen  and  Coughlin  on  the  subject  of  Brennan's  promotion. 

Redmond  McDonald  had  attended  the  same  funeral,  which 
Mike  Whalen  had  testified  to,  and  that  evening  about  9  o'clock 
he  had  seen  Dan  Coughlin  in  front  of  the  Chicago  Avenue  Sta- 
tion, and  had  spoken  to  him.  The  only  thing  brought  out  of  Mc- 
Donald on  cross-examination  was  that  he  was  a  member  of  Camp 
20.  He  fixed  the  date  May  4th  by  the  fact  that  Coughlin  was 
shortly  afterward  implicated  in  the  hiring  of  Dinan's  rig,  and  he 
then  remembered  that  he  had  seen  him  that  same  night. 

William  Mulcahey,  the  next  witness,  had  worked  for  O'Sul- 
livan  since  April  3.  He  was  present  when  Coughlin  called  on 
O'Sullivan  to  ask  if  he  knew  the  whereabouts  of  a  young  man 
named  Kunze,  who  was  wanted  as  a  witness  in  a  distillery.  The 
witness  had  a  sore  leg  about  that  time,  and  O'Sullivan  told  him 
about  his  contract  with  Cronin  to  attend  to  his  men. 

He  remembered  May  4th  because  O'Sullivan  was  on  the 
wagon  with  him  most  of  the  day.  After  supper  he  and  O'Sulli- 
van sat  and  read  awhile  and  then  went  to  bed. 

"Who  went  with  you  ? " 

"  O'Sullivan." 

"You  are  positively  certain  about  that,  are  you  ?" 

"Yes,  sir." 


THE  LEGAL  BATTLE.  371 

"  Was  O'Sullivan  sleeping  in  the  same  bed  with  you  ?  " 

"  Yes,  sir." 

"After  you  had  been  in  bed  some  time  did  you  hear  any 
noise  ? " 

"Yes,  sir.  Two  of  0*Sullivan's  men  and  a  carpenter  who 
was  working  there  came  home." 

"  Now,  after  they  arrived  home,  did  you  hear  any  other 
noise  ? " 

"Yes,  sir;  I  heard  Mrs.  Whalen  come  in  with  an  assistant; 
they  came  into  our  bed-room  and  were  getting  a  cot  out  of  Mr. 
O'Sullivan's  room.     There  was  a  light  burning  in  the  room." 

"  Do  you  remember  the  women  speaking  to  O'Sullivan  or 
yourself } " 

"Yes,  sir." 

"After  you  had  gone  to  work  or  gone  to  live  with  O'Sullivan 
in  the  month  of  April,  did  you  see  a  man  by  the  name  of  Carlson 
come  to  O'Sullivan's  barn  and  speak  to  him  ? " 

"Yes,  sir." 

"  Did  you  hear  what  was  said  ?  " 

"Yes ;  old  man  Carlson  asked  O'Sullivan  if  he  knew  any  of 
the  parties  who  had  rented  his  cottege ;  O'Sullivan  said  he  knew 
none  of  them." 

Tom  Whalen,  O'Sullivan's  cousin,  a  grip-man  on  the  North 
Side  cable  who  lived  with  O'Sullivan,  testified  that  the  iceman 
was  home  for  supper  at  eight  o'clock  on  the  night  of  May  4th,  and 
went  to  bed  shortly  afterwards.  All  these  facts  were  fixed  in  his 
memory  by  the  inquiry  which  was  made  next  day.  He  also  tes- 
tified to  the  visit  of  the  Hylands,  on  Tuesday  evening.  May  oth, 
and  in  every  way  corroborated  the  case  as  already  made. 

William  M.  Glenn,  a  reporter,  said  he  had  an  interview  with 
Mrs.  Conklin  Saturday,  May  11,  at  her  rooms  in  the  Windsor 
Theater  Building.  ^ 

"  In  that  interview  did  she  say  to  you  that  '  Capt.  Schaack 
brought  me  the  white  horse  yesterday '  ?  " 


372  THE  LEGAL  BATTLE. 

"  I  believe  she  did." 

"And  that  that  white  horse  in  no  way  resembled  the  horse 
that  took  Dr.  Cronin  away? " 

"Yes,  I  believe  she  did." 

Felix  Zempf,  a  German  reporter,  was  present  at  the  time. 
On  cross-examination  Glenn  was  asked: 

"  You  had  taken  the  position,  I  believe,  as  a  reporter,  Mr. 
Glenn,  at  that  time,  that  Dr.  Cronin  was  not  dead  ? " 

"Yes,  sir." 

"And  you  were  writing  articles  to  that  effect  ?" 

"  I  don't  know  as  I  was  writing  anything  in  particular.  I 
was  writing  anything  I  could  get  on  the  subject." 

"You  took  that  position,  did  you  not,  Mr.  Glenn,  in  a  con- 
versation with  Mr.  Scan  Ian  right  there  ? " 

"  I  don't  much  remember  what  I  said  to  Mr.  Scanlan.  I  was 
there  to  see  Mrs.  Conklin,  and  did  not  pay  much  attention  to 
any  one  else.  I  asked  her  if  Capt.  Schaack  had  not  had  a  horse 
there  the  day  before ;  and  from  that  I  asked  her  a  question  as  to 
what  kind  of  a  horse  it  was,  and  she  said  that  it  was  not  the  horse, 
and  then  said  that  it  did  not  resemble  the  horse.  She  said,  if  I 
recall  the  conversation  correjjtly,  the  horse  that  Capt.  Schaack 
brought  there  was  a  jaded,  worn-out  horse,  and  the  one  that  came 
for  the  Doctor  was  a  lively  horse." 

"And  that  his  head  drooped } " 

"Well,  she  might  have  said  that,  but  I  don't  remember  the 
words." 

Robert  Boyington  (a  carpenter),  James  Knight,  James  Min- 
nehan  and  Patrick 'Brennan  all  testified  to  the  supper  at  O'Sul- 
livan's  house,  and  all  agreed  as  to  the  time  and  to  the  fact  that 
O'Sullivan  did  not  subsequently  leave  the  house.  None  of  these 
witnesses  were  at  all  shaken  in  cross-examination,  and  the  alibi 
seemed  to  be  a  very  complete  one. 

All  the  testimony  of  the  State  went  to  show  that  Cronin  was 


374  THE  LEGAL  BATTLE. 

murdered  just  at  the  same  time  when  O 'Sullivan,  according  to  a 
number  of  creditable  witnesses,  was  at  home. 

This  matter,  with  the  testimony  of  Jacob  Schnur,  a  member 
of  the  firm  of  P.  Beckwith  &  Co.,  who  made  the  trunk  that  was 
introduced  in  evidence,  that  the  lock  was  a  common  one  which 
many  keys  would  fit,  seemed  to  make  a  very  good  part  of  the 
work  for  the  defense  of  the  prisoners. 

The  foundation  for  Martin  Burke's  alibi  was  laid  principally 
by  Messrs.  M.  Dannahy,  William  M.  Coughlin  and  John  F.  O'Mal- 
ley.  Dannahy  said  he  had  known  Burke  about  a  year.  He  knew 
John  F.  O'Malley  and  William  F.  Coughlin. 

'•  When  did  you  see  Burke  last  ?"  asked  Mr.  Donahoe. 

"  In  this  court-room,"  responded  the  man  of  truth. 

"  When  before  that  ?  " 

"  May  6,  in  my  saloon,  with  Pat  Cooney,  P.  H.  Nolan,  and  a 
man  whose  name,  I  think,  was  Quinlan." 

*'  When  did  you  see  Burke  before  that  ? " 

*'  The  night  before,  at  my  place." 

"  What  time  did  you  go  on  watch  or  on  duty  ?** 

"  Between  six  and  seven  o'clock." 

"  How  long  did  he  remain  ? " 

''  About  two  hours." 

"  Who  was  there  during  that  time  ? " 

"  William  L.  Coughlin  and  John  F.  O'Malley." 

"  When  did  he  leave  there  ? " 

"  About  eight  or  nine  o'clock." 

"  Did  either  of  those  men  say  where  they  had  been  that  day  ?  '* 

"Yes;  at  a  funeral." 

Mr.  Hynes,  in  the  cross-examination,  ascertained  that  Mr. 
Dannahy  had  been  in  town  thirteen  months.  He  was  a  member 
of  Camp  20 — joined  it  last  April. 

Cooney,  Burke,  Nolan,  and  a  man  named  Quinlan,  he  thought, 
were  at  the  witness'  place  Sunday,  May  5.  The  men  played  card;*. 
The  witness  served  them.  Nolan  paid  for  one  round  of  drinks,  but 


THE  LEGAL  BATTLE.  375 

the  witness  could  not  remember  who  paid  for  the  others.  He  did 
not  know  whether  Cooney  paid  Burke's  bills.  The  witness  said 
he  helped  to  raise  money  for  the  defense." 

"  Who  else  was  in  your  place  Saturday  night,  May  4  ?  " 

"Michael  Kelly  and  John  F.  O'Connor." 

"  Are  they  members  of  Camp  20  ? " 

"  Yes,  sir." 

"  Do  you  remember  any  one  else  ?" 

"  Only  O'Malley  and  Coughlin." 

William  F.  Coughlin  said  he  was  employed  by  the  Health 
Department,  but  last  May  he  was  keeping  a  saloon  at  116  Chicago 
Avenue.  He  said  he  was  not  a  relative  of  Dan  Coughlin.  He 
had  known  Burke  for  three  years.  The  night  of  May  4  he  at- 
tended a  "  grand  opening"  of  a  saloon  on  West  Van  Buren  Street. 
Just  before  going  to  the  opening  he  went  to  Dannahy's  saloon  to 
get  him  to  go  with  the  witness  and  John  F.  O'Malley. 

"  What  did  Dannahy  say  ?  " 

"  He  said  he  was  on  watch,  and  couldn't  go." 

"  Whom  did  you  see  there  ? " 

"  Martin  Burke." 

"  The  prisoner  here.?" 

"  Yes,  sir." 

Mr.  Hynes  ascertained  that  the  witness  had  visited  a  number 
of  saloons  the  evening  of  May  4.  He  left  Dannahy's  place  be- 
tween seven  and  eight  o'clock. 

"  When  did  you  first  report  this  to  any  one  .? " 

"  I  saw  Mr.  Dannahy  one  day,  and  he  asked  me  if  I  remem- 
bered what  day  the  opening  was.     I  said  it  was  May  4." 

John  F.  O'Malley  gave  similar  evidence,  going,  however, 
more  into  details.  He  said  that  he  and  W.  F.  Coughlin  had  hired 
a  carriage  at  Sigerson's  livery  stable  at  7:30  p.  m.,  on  May  4,  to 
go  to  the  opening  of  Fleming's  saloon,  and  that  on  the  way  there 
they  had  called  at  Dannahy's  place  to  get  him  to  go  with  them. 


Chapter  VII. 

The  Case  for  the  Defense  Continued — An  Alibi  for  the  White 
Horse — Louis  Budenbender's  Testimony — "  It  Was  a  Gray- 
Horse" — The  Surprise  from  Hoboken — More  Expert  Evi- 
dence on  Hair  and  Blood  Corpuscles — How  Scientists  Disa- 
gree— -Interesting  Details — The  Philosophy  of  not  Knowing 
— Arresting  a  AVitness— How  Budenbender  was  Subpa3naed 
— Mertes  Again  on  the  Stand — Carlson's  Testimony  Seriously 
Impeached — A  Breach  in  the  Wall  of  Evidence — The  Pris- 
oners' Hope. 


n 


LL  of  this  work,  however,  was  only  preparatory  to  the  real 
work  which  the  defense  had  prepared  to  do.  Everybody 
friend  and  foe,  had  recognized  the  weakness  of  one  of 
the  chief  episodes  upon  which  the  defense  relied — the 
identity  of  Dinan's  white  horse  with  the  animal  which  was  used 
to  take  the  Doctor  to  his  death. 

The  reader  has  already  been  shown  how  Mrs.  Conklin  refused 
to  identify  this  much- talked -of  brute  when  Capt.  Schaack  brought 
him  up  to  her  residence.  Indeed,  according  to  one  account,  she 
said  that  she  believed  the  Captain  was  putting  up  a  game  upon  her, 
and  that  the  horse  he  brought  was  a  broken-down  animal,  while 
the  other  one  was  a  spirited  steed. 

Later,  when  Mr.  Beck,  of  theTimes,  brought  the  same  horse 
to  her,  she  recognized  him  at  once,  as  did  Mr.  Scanlan,  and  thus 
the  matter  stood  until  the  21st  of  November,  when  Mr.  Forrest 
called  Louis  Budenbender  to  the  chair. 

Outside  of  the  attorneys,  nobody  knew  what  this  young  man 
could  tell,  and  accordingly  it  was  with  but  a  languid  interest  that 
the  crowd  in  the  court-room  saw  Mr.  Budenbender  make  his  way 
through  the  throng  to  the  witness  seat.  Everybody  looked  up 
when    he   said    he    was    from    Hoboken,  N.  J.;    and  tlie  interest 

(376) 


THE  LEGAL  BATTLE.  377 

became  more  marked  when  he  said  that  he  knew  Dr.  Cronin. 
Everybody  wondered  what  was  coming  next. 

"I  lived  in  Chicago  from  the  9th  of  August,  1888,  until  the 
22d  of  May  this  year,"  he  said.  ''  During  my  residence  in  Chicago 
I  lived  with  Fred  Limouze,  first  at  545  North  Clark  Street,  and 
in  the  latter  part  of  April,  this  year,  at  490  North  Clark  Street, 
which  is  close  to  the  Windsor  Theater  and  the  building  in  which 
Dr.  Cronin  had  his  office.  On  the  night  of  the  4th  of  May  I  was 
in  a  cigar  store  on  the  opposite  side  of  the  street,  kept  by  a  man 
named  Jeykell.  This  cigar  store  is  about  ten  or  twelve  feet  north 
from  the  residence  of  Mr.  and  Mrs.  Conklin.  I  got  there  about 
seven  o'clock,  and  was  in  that  cigar  store  when  I  saw  a  horse  and 
buggy  drive  up.  I  remained  in  the  store  till  about  eight  or  nine 
or  perhaps  ten  o'clock  that  evening,  as  it  was  my  habit  to  go 
there  to  meet  young  men  of  my  acquaintance.  I  saw  Dr.  Cronin 
and  another  man  come  out  on  the  sidewalk  and  start  for  the  buggy 
and  a  man  came  up  on  the  sidewalk  and  had  some  conversation 
with  the  Doctor.  Then  the  man  that  was  with  the  Doctor  unfast- 
ened the  horse  and  got  in  and  sat  on  the  left  side  of  the  buggy, 
and  after  awhile  Dr.  Cronin,  having  been  talking  to  the  other  man 
on  the  sidewalk,  changed  seats  with  the  driver,  and  they  drove 
away.  The  Doctor  had  a  small  box,  which  might  have  been  a 
medicine  case;  I  could  not  say." 

"  How  long  were  you  looking  at  that  horse  at  that  place  ?  " 

"  Before  they  started  perhaps  ten  or  fifteen  minutes." 

"  Did  you  see  the  horse  start  ? " 

"  I  did." 

"  Notice  his  gait  ? " 

«  Yes,  sir." 

"  Did  you  notice  the  color  of  the  horse  ? " 

"  It  was  gray — speckled  gray,  I  would  term  it." 

"As  to  his  legs,  what  was  the  color  ? " 

"  They  were  dark." 


378  THE  LEGAL  BATTLE. 

"  Have  you  seen  the  horse  at  Epstean's  Museum,  that  was 
pointed  out  to  you  by.Dinan?" 

"  I  have." 

"  Did  you  look  at  that  horse  there  ?  " 

"  I  did." 

"  Was  that  horse  that  was  pointed  out  to  you  by  Patrick 
Dinan  the  horse  that  took  Dr.  Cronin  away  on  that  evening .?  '* 

"  It  was  not  the  horse  that  I  saw ;  it  does  not  resemble  it." 

"  What  is  the  difference  between  the  two  ? " 

"  The  horse  I  saw  on  Tuesday  is  a  white  horse.  The  horse 
I  saw  on  the  4th  of  May  was  a  dark  gray,  speckled  gray." 

The  cross-examination  was  long,  close,  and  marked  with  con- 
siderable acerbity  on  Mr.  Ingham's  part,  who  was  naturally  some- 
what heated  over  this  blow  at  the  most  dangerous  part  of  the 
State's  case.  He  first  tried  to  find  out  whether  the  discovery  of 
Dr.  Cronin's  body  had  anything  to  do  with  the  witness  leaving 
the  citj^,  and  then  examined  him  on  the  clothes  the  different  people 
about  the  buggy  wore — Dr.  Cronin,  the  man  who  drove  and  the 
man  (Frank  Scanlan)  who  came  up  and  spoke  to  the  Doctor — but 
the  result  all  through  was  a  clear  victory  for  the  defense.  The 
witness  could  not  be  trapped  into  any  statement  which  gave  the 
State  any  comfort,  and  finally  left  the  stand  with  the  State's  case 
against  Coughlin  in  a  somewhat  weakened  condition. 

After  this  came  a  very  uninteresting,  but  necessary  session 
with  the  experts  who  had  been  examining  the  hair  and  the  blood 
corpuscles  found  in  the  trunk  and  on  the  floor  and  furniture  in 
the  Carlson  cottage. 

Marshall  D.  Ewell,  one  of  the  professors  at  the  Northwestern 
University,  was  asked: 

*'  In  the  present  state  of  science  is  there  any  means  by  which 
human  hair  can  be  certainly  distinguished  from  all  other  hair  ?'* 

"  No,  sir;  not  to  my  knowledge." 

"  Is  there  any  way  by  which  it  can   be  scientifically  ascer- 


380  THE  LEGAL  BATTLE. 

tained  with  definiteness  that  two  given  specimens  of  hair  came  from 
the  same  head  ?  " 

"  No,  sir." 

"  Has  the  correspondence  in  the  diameters  of  the  hairs  of  one 
given  lock  with  the  hairs  of  another  given  lock  any  scientific 
value  to  determine  whether  the  two  locks  came  from  one  or  the 
same  head.?" 

''  It  has  not." 

"  Are  there  variations  in  the  diameter  of  hair  in  a  given  in- 
dividual.?" 

"  There  are  great  variations." 

"  Is  that  variation  as  marked  and  as  great  in  the  hair  of  a 
given  individual  as  the  variations  in  the  hairs  taken  from  the  heads 
of  different  individuals.?" 

"I  think  it  is." 

"Are  there  noticeable  differences  in  the  structure  of  the  hair 
of  different  persons.?" 

"  Scarcely  any,  if  there  are  any  at  all." 

"Is  the  hair  of  any  lower  animals  liable  to  be  confounded 
with  and  taken  for  human  hair .? " 

"I  think  so." 

"  Is  the  microscope  of  any  service  in  the  examination  of  the 
color  of  hair .? " 

"No,  sir;  it  is  not;  on  the  other  hand,  I  think  it  is  mislead- 
ing." 

"  Does  science  in  its  present  state  furnish  any  means  of  de- 
termining whether  or  not  two  given  specimens  or  locks  of  hair 
came  from  the  same  head .? " 

"  No,  sir." 

"  From  your  knowledge  and  experiments  with  hair,  please 
state  if  it  is  possible  in  your  opinion  to  determine  by  a  naked -eye 
inspection  that  two  given  specimens  or  locks  of  hair  came  from 
the  same  head .? " 

"It  is  not." 


THE  LEGAL  BATTLE.  381 

And  all  this,  remember,  from  a  man  who  has  made  the  micro- 
scopical study  of  hair  almost  a  specialty  since  1844.  A  more  cat- 
egorical contradiction  of  the  testimony  introduced  by  the  State 
could  not  well  be  imagined.  As  to  the  fuzz  or,  scientifically, 
*'  lanugo,'*  of  which  a  good  deal  was  made  by  the  State's  witnesses, 
the  expert  was  asked : 

"  Take  a  specimen  of  blood  derived  from  the  floor  of  a  dwell- 
ing; would  the  presence  in  such  specimen  of  a  dozen  of  the  little 
substances  or  fibers  you  have  spoken  of  be  of  any  scientific  value 
or  evidence  in  determining  whether  the  specimens  of  blood  were 
human  blood  ? " 

"  No,  sir." 

"  Would  their  presence  be  of  any  scientific  value  or  furnish 
any  scientific  evidence  that  the  fibers  were  not  lanugo.'"' 

"  No,  sir;  they  would  not." 

"  State  how  common  and  prevalent  are  the  little  substances 
and  fibers  spoken  of  .-^  " 

"  They  are  being  continually  shed,  and  we  may  expect  to 
find  them  almost  anywhere  where  man  lives." 

"  If  it  were  conceded  that  the  little  substances  and  fibers 
mentioned  by  Mr.  Tolman  came  from  the  human  body  and  were 
found  in  the  specimens  of  blood  taken  from  the  floor  of  a  dwell- 
ing, would  it  be  of  the  slightest  scientific  value  in  determining 
whether  or  not  the  blood  in  question  was  human  blood.? " 

''No,  sir;  I  think  not." 

"  Is  that  substance,"  resumed  Judge  Wing,  "  derived  only 
from  the  human  body  ? " 

"  It  is  found  in  all  sorts  of  animals  and  reptiles.  Every 
time  you  comb  your  head  you  comb  out  scaly  epithelium;  every 
time  you  rub  your  face  you  rub  off  scaly  epithelium ;  every  time 
you  expectorate  you  expectorate  scaly  epithelium ;  every  time 
you  dust  your  carpets  you  shake  out  epithelium.  In  m}'-  ex- 
perience it  is  found  everywhere.  I  have  found  it  in  carpet  sweep- 
ings, and  in  sweepings  of  the  floor — not  in  large  quantities,   but 


382  THE  LEGAL  BATTLE. 

in  considerable  numbers.  I  have  made  examinations  for  the 
purpose  of  ascertaining  whether  that  was  a  fact." 

As  to  the  claim  which  the  State  set  up  as  to  the  identification 
of  the  blood,  Prof.  Ewell  was  equally  certain  that  there  was 
nothing  in  it.  The  testimony  was  diversified  by  little  scenes  like 
this: 

"Suppose  the  examiner  only  selected  and  measured  the 
larger  corpuscles  found,  what  would  be,  in  a  scientific  point  of 
view,  the  value  of  that  examination  ?  "  asked  Judge  Wing. 

"  I  object  to  that,"  said  Mr.  Hynes.  "  It  is  an  opinion  upon 
somebody  else's  opinion." 

"  I  want  to  show,"  said  Judge  Wing,  "  that  their  methods 
were  unscientific  as  well  as  unfair.  You  know  that  they  are  un- 
scientific." 

"  As  it  is  a  battle  between  experts,"  said  the  court,  smiling, 
"  I  will  let  it  come  in." 

The  reporter's  notes  had  to  be  again  referred  to,  and  the  ques- 
tion read  over,  and  Prof.  Ewell  replied : 

"  I  should  not  regard  it  as  having  any  scientific  value." 

"  In  the  solution  of  dry  blood  to  liberate  corpuscles  for  ex- 
amination under  the  microscope,  of  what  service  or  value  would  a 
solution  be,  composed  of  water  and  common  salt  of  the  specific 
gravity  of  10.55.?" 

"  I  think  it  would  be  of  no  service ;  the  specific  gravity  is 
wrong." 

Following  Prof.  Ewell  came  Dr.  Moyer,  late  County  Physi- 
cian, and  now  lecturer  on  physiology  in  Rush  Medical  College, 
and  he,  too,  took  the  ground  that  the  examination  made  by  the 
State's  experts  amounted  to  nothing,  and  that  their  results  were 
either  false  or  misleading. 

Judge  Wing  submitted  a  hypothetical  case  to  the  witness, 
which  began  as  follows ;  "  Take  a  man  between  forty  and  forty- 
six  years  of  age,  a  physician  by  profession,  who,  while  in  apparent 
good  health,  leaves  his  oflSce  and  home,  gets  into  a  buggy  and  is 


THE  LEGAL  BATTLE.  383 

driven  away,  at  or  near  the  hour  of  seven  or  7 :  30  o'clock  in  the 
evening,  on  the  4th  of  May,  1889,  and  his  dead  and  naked  body 
is  discovered  on  the  afternoon  of  May  22,  1889,  in  a  catch-basin, 
and  shows  at  the  post-mortem  examination,  held  on  the  23d  of 
May,  the  following  wounds,  injuries  and  conditions."  [Judge 
Wing  then  detailed  the  wounds  found  on  Dr.  Cronin*s  body,  as 
related  by  medical  witnesses  for  the  State.]  "  From  the  fore- 
going," continued  the  counsel,  "  can  you  form  an  opinion  as  to 
the  cause  of  the  man's  death  ^  " 

'*  I  cannot  form  a  definite  opinion  on  that  hypothetical  case," 
replied  the  witness,  ''  as  to  what  caused  death." 

"As  a  physician  and  surgeon  can  you  reach  the  medical 
opinion  on  the  case  presented  to  you  that  the  man  died  from  the 
wounds  and  injuries  described  ?  " 

"  I  cannot,  for  the  reason  that  the  wounds  and  injuries  as 
described  in  the  hypothetical  case  are* not  fatal  wounds  and  in- 
juries. A  wound  or  injury  must  kill  from  its  direct  injury,  or 
from  any  secondary  consequence  that  may  result  from  it ;  as,  for 
instance,  a  bruise  upon  the  head  might  produce  a  clot  in  the  brain, 
and  the  clot  would  be  secondary  to  the  bruise.  A  very  small 
^'njury  might  cause  death,  if  blood-poisoning  succeeded,  and  the 
blood-poisoning  would  be  secondary  to  the  injury.  The  imme- 
diate effects  of  wounds  and  injuries  are  when  some  vital  organ  is 
involved.  No  vital  organ  was  involved  in  this  case,  and  no 
secondary  consequences  from  those  injuries  is  described ;  there- 
fore I  cannot  infer  that  they  were  the  cause  of  death." 

Prof.  Curtis,  an  expert  microscopist  and  a  specialist  on  the 
subject  of  hair,  upon  which  he  has  lectured  several  times,  was 
called. 

"  In  the  present  state  of  science  is  there  any  means  by  which 
human  hair  can  be  certainly  distinguished  from  all  other  hair.?  " 
he  was  asked. 

"  I  think  not,"  replied  the  witness. 

"Is  there  any  way  by  which  it   can   be   ascertained  with 


384  THE  LEGAL  BATTLE. 

definiteness  that  two  given  specimens  of  hair  came  from  the  same 
head?" 

"  I  think  there  are  no  means  of  determining  it." 

"  Has  the  correspondence  in  the  diameters  of  the  hairs  of 
one  given  lock  any  scientific  value  in  determining  whether  the 
two  locks  came  from  the  same  head  ?  " 

» I  think  not." 

"  Are  there  variations  in  the  diameters  of  the  hairs  of  a  sin- 
gle person.?" 

"  Very  great." 

"  Is  that  variation  as  great  in  the  hairs  of  a  single  individual 
as  it  is  in  the  hairs  taken  from  different  individuals.? " 

"  It  may  be." 

''  Are  there  noticeable  differences  in  the  structure  of  hairs  of 
different  persons  ? " 

"  Yes,  sir."  - 

"  Is  the  hair  of  any  lower  animal  liable  to  be  confounded 
with  that  taken  from  the  human  head  ?  " 

"  Yes,  sir." 

In  answer  to  further  questions  which  ran  in  the  same  line  as 
those  propounded  to  the  other  experts,  witness  stated  that  the 
microscope  is  of  no  service  in  determining  the  color  of  human 
hair,  and  that,  in  fact,  it  would  be  a  disadvantage  rather  than  an 
advantge.  "  Most  hair,"  he  said,  "  which  has  much  color  is 
opaque,  and  only  can  be  seen  by  the  reflection  of  light.  It  is 
only  the  grosser  peculiarities  of  hair  that  can  be  determined  accu- 
rately, and  the  naked  eye  would  be  of  more  service  for  that  than 
the  microscope.  There  are  no  scientific  means  of  determining 
whether  two  locks  of  hair  came  from  the  same  head.  There  is 
such  a  growth  on  the  human  body  as  lanugo,  commonly  called 
fuzz.     There  is  such  a  growth  on  some  of  the  lower  animals." 

The  line  of  examination  which  Judge  Wing  now  pursued 
was  meant  to  discredit  Professor  Tolman's  testimony  in  regard  to 
the  results  of  the  microscopical  observation  of  the  clot  of  blood 


386  THE  LEGAL  BATTLE.  ' 

which  he  examined,  and  the  variations  of  fuzz,  or  lanugo,  which 
he  found  in  it.  The  witness  stated  that  under  the  microscope 
this  lanugo  presents  a  fiber  which  appears  structureless,  and  there 
is  no  way  to  determine  scientifically  that  particular  specimens 
came  from  the  human  subject.  He  said  that  those  fibers  are 
found  on  the  skin,  and  they  are  constantly  floating  around  in  the 
air,  wherever  the  human  person  is;  they  could  not  be  distinguished 
as  having  been  found  in  human  blood.  Scaly  epithelium  is  not  a 
substance  derived  only  from  the  human  body;  it  is  the  outer 
covering  of  all  animals.  There  is  no  scientific  way  to  determine 
whether  that  scaly  epithelium  is  from  the  human  body  or  not. 
The  presence  of  this  scaly  epithelium  is  of  no  scientific  value  in 
determining  whether  a  clot  of  blood  in  which  it  is  found  is  human 
blood  or  not. 

August  Salzman,  who  lived  in  the  same  house  with  Mrs. 
Hoertel,  testified  that  the  new  lock  on  the  house,  which  she  said 
had  kept  her  out  of  her  home  on  the  night  of  May  4th,  had 
not  been  put  on  till  after  May  4th.  Officer  Stift  was  recalled  to 
make  some  minor  corrections  in  his  testimony,  and  Jacob  Lowen- 
stein,  formerly  a  detective,  described  "Major"  Sampson  as  a  bad 
character,  and  said  that  John  C.  Garrity,  whose  saloon  Sampson 
frequents,  was  animated  by  a  more  determined  hatred  of  Dan 
Coughlin,  and  had  long  determined  to  get  even  with  him  for 
arresting  the  thieves  who  frequented  his  doggery. 

A  very  dramatic  episode,  in  which  the  witness  Budenbender 
figured,  occurred  at  this  time  to  lighten  the  monotony  of  the  case. 
The  best  way  to  tell  what  happened  is  in  the  words  of  Mr. 
Forrest's  clerk,  Mr.  Louis  L.  Harris,  who  was  about  the  only  cool 
and  collected  observer  of  the  amazing  conduct  of  Police  Officer 
Linville. 

'•Tell  us  all  that  occurred  there,  and  the  manner  of  this 
man's  arrest." 

"Mr.  Budenbender  and  myself  went  over  to  the  Sherman 
House,  and  Mr.  Budenbender  said,  'Let  us  get  our  shoes  shinecj 


THE  LEGAL  BATTLE.  387 

before  we  go  to  dinner,'  and  I  said  'All  right.*  There  was  one 
chair  vacant,  the  other  chairs  had  people  in  them.  Mr.  Buden- 
bender  sat  down,  and  that  officer  there  (indicating  Linville)  came 
in  and  said,  '  You  are  Mr.  Budenbender,  are  you  not  ?'  He  said, 
'Yes,  sir,  I  am.'  The  officer  said,  'I  have  a  subpoena  for  you,'  and 
he  started  in  and  read  it  through.  I  said,  'That's  all  right,'  and 
he  said  to  Mr.  Budendender,  'I  want  you  to  go  with  me  right 
away.'  'Well,  Mr.  Budenbender,'  said  I, 'won't  do  it.'  And  I 
said,  'Mr.  Budenbender,  you  don't  have  to  go  with  this  officer.' 
The  officer  said,  'Look  here,  young  man,  I  don't  want  any  of 
your  interference  in  this  case.'  I  said,  'I  came  over  here  with 
Mr.  Budenbender.'  He  said,  'Mr.  Budenbender,  will  you  go  with 
me.'  Mr.  Budenbender  said,  'No,  I  won't.'  I  said,  'If  you  have 
got  a  warrant  for  Mr.  Budenbender  he  will  go  with  you,  and  if 
you  have  not,  he  won't.'  'He  will  go  with  me,  and  I  don't  want 
any  of  your  interference.'  I  went  off  and  was  going  to  telephone 
over  to  the  office,  but  I  thought  I  would  come  back  and  see  if 
the  officer  was  any  way  reasonable.  So  I  came  back  and  said, 
'Mr.  Forrest  will  be  over  here  in  a  few  minutes;  can't  you  wait 
for  him  ?'  He  said,  'I  won't  wait  for  Forrest.'  I  said,  'Lou, 
don't  go  with  this  officer,'  and  the  officer  thereupon  opened  his 
coat  and  showed  his  star  and  said,  'In  the  name  of  the  people  of 
the  State  of  Illinois  I  command  you  to  go  with  me,'  and  I  said, 
'In  the  name  of  William  S.  Forrest  I  command  you  to  stay  here.' 
[Laughter  in  court,  which  there  was  no  attempt  to  suppress.] 
That  seemed  to  make  the  officer  pretty  badly  ratled  [more 
laughter]  and  angry  at  the  idea.  So  as  soon  as  'Louey'  got 
down  he  caught  him  by  the  arm  and  he  said,  'If  you  don't  come 
I  will  call  for  the  wagon,'  and  he  said  to  me,  'If  you  interfere  I 
will  run  you  in  too.'  I  said,  'Go  ahead.  If  you  have  got  a 
warrant  for  this  man  take  him  in,  and  if  you  haven't  I  have  got 
my  instructions  from  the  office,  and  I  propose  to  follow  them.' 
He  said,  'I  am  going  to  take  him  along.'  There  was  a  messenger 
boy  in  the  Sherman  House,  and  I  happened  to  see  him,  and  I  sent 


388  THE  LEGAL  BATTLE. 

him  over  to  the  office.  I  sent  a  note  over  to  Qualey  to  come  over 
to  the  Sherman  House,  and  then  I  joined  him  as  quick  as  I  could 
and  I  went  after  him.  Then  Qualey  and  myself  came  over  on  a 
dead  run — a  dead  heat." 

Judge  McConnell  declared  that  the  evidence  did  not  show 
contempt  of  court,  and  consequently  there  was  no  case  to  pass 
upon.     He  said: 

"I  have  come  to  the  conclusion  that  it  is  not  contempt  of 
court,  without  going  into  the  question  further,  even  if  all  that 
has  been  testified  to  is  a  fact.  There  is  no  case  for  me  to  pass 
upon,  even  if  it  is  a  fact  that  this  officer  used  any  force  in  serving 
that  subpoena.  All  I  can  say  is  it  is  very  wrong  and  very  bad  and 
a  great  personal  outrage.  I  do  not  know  whether  he  did  it,  and 
I  cannot  determine  that  from  the  nature  of  the  evidence.  Police 
officers  ought  to  know  that  they  cannot  do  anything  of  that  kind. 
Any  attempt  to  intimidate  that  man,  and  bring  him  here,  as  if 
under  arrest,  or  to  induce  him  to  think  he  was  obliged  to  respond 
to  the  subpoena,  was  an  outrage." 

William  Mertes,  whose  story  on  the  stand  for  the  prosecution 
as  to  the  buggy  he  had  seen  stop  at  the  Carlson  cottage  on  the 
night  of  May  4th,  and  the  man  he  had  noticed  who  had  gone 
into  the  house,  has  already  been  given,  was  recalled  to  explain 
contradictions  that  had  been  found  in  his  statements  as  first  made 
to  the  police  and  his  statements  on  the  stand.  He  now  admitted 
that  he  had  no  way  of  fixing  the  date  when  the  buggy  stopped 
there.  He  admitted  that  he  had  described  the  horse  as  a  bay 
with  a  white  face,  but  he  declared  that  he  had  not  told  the  police 
that  it  was  a  tall,  slim  man  that  went  into  the  cottage,  nor  that  he 
had  heard  a  scuffle.  He  said  he  told  the  officers  that  he  had 
heard  "a  noise,"  and  that  as  he  subsequently  returned  by  the 
house  he  had  heard  "a  hammering."  This  he  repeated  in  several 
ways,  so  that  there  could  be  no  doubt  of  what  he  meant  to 
swear  to. 

Detective  Michael  J.  Crowe  was  then  called  for  the  defense," 


THE  LEGAL  BATTLE.  389 

who  said  that  he  was  working  upon  the  Cronin  case,  and,  having 
learned  that  Mertes  knew  something  about  it,  he  called  upon  him. 
Mertes  told  liim  that  a  buggy  drawn  by  a  bay  horse  with  a  white 
face  had  stopped  in  front  of  the  cottage,  and  a  tall,  slim  man  had 
got  out  and  gone  into  the  house.     Mertes  said  there  was  a  scuffle. 

"Did  you  ask  him  what  day  it  occurred,  and  did  he  not  say 
he  did  not  know .?" 

"Yes,  sir." 

"  Did  you  not  ask  him,  'Was  not  the  next  day  Sunday,  and 
did  you  go  to  church  on  Sunday  ?" 

"  I  did." 

"  Did  he  not  answer,  'I  do  not  know  whether  the  next  day 
was  Sunday ;  1  do  not  go  to  church'  ? " 

"Yes,  sir." 

"  Did  you  ask  him  whether  he  had  any  business  transaction 
that  would  call  that  day  to  his  memory.?" 

"  I  did." 

"  Did  he  then  answer,  'I  cannot  recollect  anything  that  would 
make  me  know  the  date'.?" 

"  Yes,  sir." 

"  Did  you  ask  him  whether  he  saw  anything  at  the  cottage  at 
the  time,  and  did  he  not  answer  that  he  heard  a  scuffle  when  he 
went  by,  but  the  noise  did  not  last  long  and  he  paid  no  attention 
to  it?" 

"  Yes,  sir." 

One  of  the  most  important  pieces  of  testimony  introduced 
was  that  brought  in  to  contradict  old  man  Carlson's  statement 
that  he  had  talked  to  O'Sullivan  about  the  tenants  in  his 
cottage  on  the  20th  of  March,  at  the  very  time  when  O'Sullivan, 
was  up  at  the  Halsted  Street  viaduct,  superintending  the  unload- 
ing of  two  cars  of  ice  which  he  had  bought.  This  was  proven  by 
Henry  McBride,  the  Elgin  ice  merchant,  who  was  present,  Dwyer 
Thompson,  who  superintended  the  work,  several  of  the  men,  and 
the  books  of  Mr.  McBride's  business. 


Chaptee  VIII. 

Evidence  in  Rebuttal — A  Curious  Incident — ''That  is  a  Lie!" — 
Attacking  the  Alibis  —  Swanson's  Famous  Drive  —  Dan 
Coughlin's  Knives — A  Sensational  Episode — T.  T.  Conklin 
and  the  Lowenstein  Brothers  on  the  Stand — Coughlin's 
Trousers — The  Knives  and  their  Meaning. 

<«^J^HE  evidence  in  rebuttal  and  surrebuttal  did  not  take  long 
((^^  to  bring  before  the  jury.  The  first  witness  called  by  the  State 
^^y  was  Dr.  Curran,  who  was  wanted  to  prove  Mr.  Lyman's  ani- 
mus against  Dr.  Cronin,  evidence  which  the  court  would  not  let  in. 
While  Curran  was  on  the  stand  a  very  curious  episode  occurred, 
which  caused  much  amusement.  The  attorneys  on  either  side 
were  engaged  in  a  very  heated  argument  on  the  admissibility  of 
Curran's  testimony,  and  there  was  a  good  deal  of  ill  feeling 
being  shown,  when,  just  as  Judge  Longenecker  had  stated  one  of 
his  positions  with  more  than  usual  emphasis  — 

*'  That's  a  lie  ! "  said  somebody. 

Longenecker  wheeled  around  and  glared  at  Forrest.  "  No 
mattet  whether  it's  a  lie  or  not,"  he  said,  "  you  ain't  judge  and 
jury — you're  not  to  pass  upon  it." 

"  I  didn't  make  that  remark  !  "  said  Forrest. 

"Well,  who  did.?" 

"I  don't  know,"  returned  Forrest;  "I  only  know  it  was 
none  of  the  defendants  or  their  attorneys." 

In  the  meantime  Judge  McConnell  had  been  gazing  at  the 
group  out  of  which  the  statement  had  come,  in  blank  amazement. 

"  Who  was  it  said  that  ?  "  asked  the  Judge. 

Whereupon  arose  Mr.  Wood,  the  Daily  J^ews  reporter,  and 
confessed:  "  I  was  talking  to  one  of  the  men  at  the  table,"  he 
said,  "  and  must  have  spdken  louder  than  I  intended.  I  was  not 
talking  about  anything  that  was  going  on  in  court ;  and  when 

(390) 


391  THE  LEGAL  BATTLE. 

Judge  Longenecker   stopped   speaking    so  suddenly,  he   left  me 
going  ahead." 

This  scene,  with  Capt.  Schaack's  denial  that  Detective  Crowe 
had  made  any  reports  to  him  whatever,  closed  the  day's  proceed- 
ings, which  were  shortened  materially  by  the  fact  that  the  State 
was  unprepared  to  go  on  at  the  time. 

Next  day,  however,  November  26th,  the  witnesses  for  the 
prosecution  were  marshaled  in  great  force. 

Bailey  Dawson  and  A.  C.  Babcock,  two  well-known  fre- 
quenters of  the  Grand  Pacific,  testified  against  the  statement  that 
Beggs  had  been  at  the  Grand  Pacific  Hotel  in  their  company  on 
the  evening  of  May  4th,  as  Dawson  wag  sick  in  the  hospital  at 
that  time. 

"William  Nieman,  the  saloon-keeper  at  1788  Ashland 
Avenue,  followed  with  a  declaration  that  neither  of  the  Hjdands 
was  in  the  saloon  on  Sunday  night,  May  5th,  to  his  knowledge, 
and  that  there  had  been  a  crowd  in  the  saloon  all  that  evening, 
thus  contradicting  the  Hy lands'  statement  that  when  they  were 
in  the  saloon  with  O'SuUivan  they  were  the  only  ones  there. 

Next,  the  State  attacked  Burke's  alibi,  a  part  of  which,  it  will 
be  remembered,  included  the  statement  that  W.  F.  Coughlin  and 
John  F.  O'Malley  had  come  in  a  carriage  to  Dannahy's  place  and 
found  Burke  there.  After  fixing  the  (Jate  upon  which  O'Malley 
had  hired  the  hack,  which  was  shown  by  the  books  of  Sigerson's 
livery  stable  to  be  May  4th,  from  6:30  p.  m.  to  12:30  a.  m.*,  the 
driver  of  the  carriage,  Fred  Swanson,  was  put  upon  the  stand. 
Swanson  said  that  Coughlin  had  not  got  into  the  carriage  at  all, 
but  that  it  was  occupied  by  O'Malley  and  another  man. 

"  Where  did  you  go  with  O'Malley  and  the  other  man  .?  " 
"  I  went  to  Lake  Street.     I  took  Chicago  Avenue  to  Frank- 
lin and  Franklin  to  Erie,  and  then  over   Wells  Street  to  Lake 
Street,  and  I  stopped  the  carriage  at  the  corner  of  Lake  and 
Clark." 

"  How  long  did  you  stop  there  ?" 


393  THE  LEGAL  BATTLE. 

"Just  about  ten  or  fifteen  minutes." 

"  Then  where  did  you  go  ? '' 

''  I  went  to  Austin  Avenue  and  Wood  Street." 

"  Up  to  that  time  did  you  have  more  than  Mr.  O'Malley  and 
this  other  man  in  the  carriage  ?" 

''No." 

"How  long  did  you  stop  in  that  place  ?" 

"  We  stopped  at  Austin  Avenue  and  Wood  Street  ten  or 
fifteen  minutes." 

"  Tlien  where  did  you  go  .^ "  *        . 

"  I  went  to  809  West  Madison  Street,  where  there  is  a  livery 
stable  on  the  side  of  the  saloon,  and  we  stopped  there  for  about 
an  hour  and  a  half." 

"  Then  what  did  you  do  ? " 

"  I  went  Over  to  5  Erie  Street  and  stayed  there  about  half 
an  hour.  Then  I  went  to  a  saloon  on  Franklin  and  Erie,  and  we 
stayed  there  about  half  an  hour." 

"  What  time  was  that  1 " 

"Well,  it  was  kind  of  late;  it  must  have  been  near  twelve 
o'clock." 

"  Then  where  did  yo\i  go  ? " 

"  I  went  over  to  Coughlin's  saloon.'* 

"  Did  you  go  in  ? " 

"  No/' 

"  Did  O'Malley  and  the  other  man  get  out  there.? " 

"No." 

"  From  the  time  that  you  left  Coughlin's  saloon,  about  half- 
past  six  in  the  evening,  until  you.  returned,  about  midnight,  was 
Coughlin  at  any  moment  in  your  carriage  .? " 

"  No." 

"Have  you  stated  all  the  different  places  at  which  you 
stopped  that  night  V 

"  Yes." 


THE  LEGAL  BATTLE.  394 

"  Did  you  go  down  to  Van  Buren  Street  on  the  West  Side 
that  night  ?  " 

"No." 

The  witness  was  then  turned  over  to  the  defense  for  cross- 
examination.  Mr.  Forrest  developed  the  curious  fact  that  Swan- 
son  had  no  recollection  of  what  he  did  on  the  3d  of  May,  or  the 
6th,  7th  and  8th  of  May;  but  his  memory  was  firmly  fixed  in 
regard  to  the  incidents  of  the  4th  of  May. 

The  State  next  attacked  the  character  of  the  witness  Salzman, 
who,  it  will  be  remembered,  was  introduced  by  the  defense  to  show 
that  Mrs.  Hoertel  was  not  locked  out  on  the  night  of  May  4,  and 
produced  some  half  a  dozen  witnesses  who  gave  him  a  very  bad 
name. 

Patrick  Dinan  was  recalled.  He  swore  that  in  the  conver- 
sation between  himself,  Coughlin  and  Captain  Schaack,  he  had 
said:  "You  can  do  your  own  describing — Coughlin  knows  him 
and  saw  him,  and  can  describe  him  better  than  I  can."  Dinan 
also  said  that  the  effect  of  rain  upon  his  celebrated  white  horse 
would  probably  be  to  make  him  darker. 

A.  B.  Anderson  said  that  he  was  in  Nieman's  saloon  several 
times  on  the  evening  of  May  5,  and  that  there  were  a  number  of 
persons  in  there  at  the  time. 

Chester  B.  Smith,  a  police  officer,  had  examined  the  files  of 
the  Chicago  papers  from  May  4  to  May  25,  and  had  found  no 
reference  to  Coughlin's  connection  with  the  hiring  of  Dinan's 
white  horse.  This  was  for  the  purpose  of  contradicting  the  other 
police  oflScer  who  had  fixed  the  date  when  he  saw  Coughlin  at  tlie 
Chicago  Avenue  Station  by  a  publication  in  one  of  the  papers  a 
week  later. 

This  closed  the  State's  case  in  rebuttal,  and  the  defense 
opened  in  surrebuttal,  first  putting  James  Felthan,  the  Secretary 
of  the  First  Ward  Republican  Club,  on  the  stand,  who  stated  that 
the  meeting  of  the  club  at  which  Mr.  Gleason  had  stated  Mr. 
Beggs  was  present,  had  been  held  on  May  4,  as  the  books  showed. 


395  THE  LEGAL  BATTLE. 

Stranger  than  all  of  this,  however,  was  the  evidence  which 
Mr.  Forrest  brought  in,  in  support  of  the  Burke  alibi.  O'Malley 
and  W.  F.  Coughlin  had  seen  Burke  in  Dannahy's  saloon  on  the 
night  of  May  4.  Swanson,  the  carriage  driver,  swore  that  Cough- 
lin did  not  go  with  O'Malley  that  night,  that  the  carriage  had 
not  gone  to  Dannahy's,  and  it  had  not  gone  to  Fleming's  opening 
on  West  Van  Buren  Street.  Swanson  was  put  in  a  very  bad  light 
by  the  testimony  that  followed. 

First  came  John  Fleming,  the  brother  of  the  owner  of  Flem- 
ing's saloon.  The  card  of  invitation  for  the  opening  on  May  4 
was  shown,  and  the  witness  swore  that  he  was  in  the  saloon  all  of 
that  evening. 

''  How  many  carriages  drove  up  that  night  ?"  queried  Mr. 
Forrest. 

"  One  carriage,  with  William  Coughlin  and  John  F.  O'Malley 
inside.     It  got  there  about  9  :30  o'clock." 

"  What  kind  of  a  man  was  the  driver  ?" 

"  He  was  a  tall  man,  taller  than  I  am,  with  a  light  mustache; 
he  was  a  Swede." 

"  Tell  what  occurred  at  the  saloon  ?" 

"  Drinks  were  bought  several  times,  and  there  were  music  and 
dancing." 

*'  How  was  the  driver  dressed  ?" 

"  He  had  a  livery  suit  on  and  a  tall  hat.'* 

"  What  became  of  that  suit .?" 

"  Mr.  O'Malley  wore  the  suit  home." 

**Who  drove  the  carriage  home  ?" 

"  Mr.  O'Malley;  and  Mr.  Coughlin,  the  driver  and  I  rode  in 
the  carriage  part  of  the  way  home,  until  we  got  to  the  first  place 
we  stopped  at.  After  that  Mr.  Coughlin  rode  with  Mr.  O'Malley 
on  the  seat  and  the  driver  rode  with  me  inside." 

"  How  many  persons  were  in  the  saloon  when  O'Malley  put 
the  driver's  suit  on  ?" 

"  There  was  a  good  many,  I  didn't  count  them." 


396  THE  LEGAL  BATTLE. 

*'  How  did  3^ou  happen  to  get  into  the  carriage  ?" 

"  They  asked  me  if  I  wanted  to  ride  home  with  them,  as  I 
lived  on  the  North  Side." 

"  Where  are  the  places  you  stopped  at  ?" 

"  We  stopped  first  at  a  saloon  on  the  corner  of  Robey  and  Aus- 
tin Avenue.  The  next  place  was  at  a  grand  opening  on  the  way ;  I 
don't  know  who  kept  that  saloon.  We  saw  a  sign  of  the  opening 
out,  and  pulled  up  and  went  in  and  got  a  drink.  The  next  place 
was  on  Halsted  Street,  and  the  next  was  at  a  saloon  kept  by  a  man 
named  Doyle,  on  Erie  Street,  over  the  bridge.  We  next  stopped 
at  Pat  O'Malley's  on  Erie  Street,  and  called  in  the  saloon  next 
door  after  coming  out  of* O'Malley's.  I  don't  know  the  proprie- 
tor of  that  place.  The  n€xt  stop  was  at  the  corner  of  Illinois  and 
Market  Streets,  and  then  we  went  to  Coughlin's,  on  Chicago 
Avenue." 

"  Who  were  in  the  carriage  when  it  arrived  at  Coughlin's  ?" 

"  The  driver  and  I.  Coughlin  and  O'Malley  were  on  the  seat." 

"  What  was  the  condition  of  the  driver  before  he  left  the 
opening  and  after  he  got  to  Coughlin's  .?" 

"  He  was  sober  when  he  came  to  the  opening,  but  when  he  got 
to  Coughlin's  I  could  see  he  was  a  little  under  the  influence  of 
liquor.    We  arrived  at  Coughlin's  about  12  o'clock." 

Every  point  of  this  testimony  was  corroborated  by  C.  C. 
Rogan,  a  commercial  traveler  for  Meyer  Bros.,  of  Cincinnati,  who 
was  in  the  saloon  through  the  evening;  W^illiam  Fortune,  who  is 
a  nephew  of  Peter  Fortune,  the  treasurer;  and  Walter  Fleming, 
the  owner  of  the  saloon.  To  this  mass  of  testimony  was  added 
the  evidence  of  Henry  Ganey,  Peter  O'Malley,  Robert  Gibbons, 
Martin  Kennedy,  George  Dickey  and  Matthew  Dickey,  each  of 
whom  corroborated  some  of  the  details  in  O'Malley's  and  Cough- 
lin's original  account  of  the  night's  doings. 

This  was  a  severe  defeat  for  the  State,  for  it  seemed  to  stake 
its  attack  on  Burke's  alibi  on  Swanson's  statement  of  the  move- 


THE  LECrAL  BATTLE.  397 

ments  of  tlie  party  in  the  carriage  that  night,  and  his  declaration 
that  Coughlin  was  not  in  the  veliicle. 

But  a  worse  mistake  by  the  State  was  to  follow,  and  one 
which  manifestly  made  a  deep  impression  on  the  jury.  It  was 
the  29th  of  November,  and  the  case  was  just  about  to  be  closed, 
when  Judge  Longenecker  announced  that  some  new  evidence  had 
just  come  to  light,  which  he  asked  permission  to  introduce.  This 
was  granted,  and  Detective  Bartholomevv  Flynn  was  sworn.  He 
produced  two  pocket  knives  which  he  had  taken  from  Dan  Cough- 
lin when  he  was  arrested,  and  which  he  had  since  kept.  He  had 
said  nothing  about  them  because  he  had  attached  no  importance  to 
the  fact,  but  the  night  before  he  had  mentioned  the  matter  casu- 
ally to  Capt.  Schuettler. 

The  knives  were  produced,  and  T.  T.  Conklin  was  called  to 
the  stand. 

"  Did  you  ever  see  these  knives  .^ "  he  was  asked. 

"  Those,  or  others  exactly  like  them." 

"Where  did  you  see  them  ?" 

"  In  Dr.  Cronin's  possession." 

"  Do  you  know  where  Dr.  Cronin  got  the  one  that  looked 
exactly  like  that  (indicating  the  smaller  one) — the  white-handled 
one?" 

''  1  made  him  a  present  of  that  one;  I  carried  it  two  years 
myself." 

"  How  about  the  other  knife  ? " 

"  I  found  the  other  knife  on  the  street,  or  one  which  looked 
like  it." 

"  Is  the  white-handled  knife  you  gave  him  exactlj^  like  that 
(indicating).?" 

"  Yes,  sir." 

"  You  found  the  little  knife  on  the  street  when  ? " 

"A  year  and  a  half  ago.  I  took  it  home  and  laid  it  on  the 
sideboard." 

"  You  gave  Dr.  Cronin  that  knife  ? " 


s 


THE  LEGAL  BATTLE.  399 

"  Yes,  sir." 

"  Do  you  know  where  Dr.  Cronin  carried  that  little  knife  ?  " 

"  In  his  vest  pocket." 

"And  the  other  knife.? " 

"  In  his  pants  pocket." 

"  Where  did  you  see  Dr.  Cronin  with  those  knives  last  be- 
fore his  death  ? " 

The  Court — "  Do  not  assume  that  those  are  the  knives — the 
witness  has  not  said  so." 

The  State's  Attorney — "  Well,  with  knives  like  those  ? " 

The  Witness — "  I  saw  him  use  a  knife  like  the  smaller  one 
within  a  week  before  he  was  taken  away,  and  probably  within  two 
or  three  weeks  before  I  saw  him  have  the  other  on  the  table  where 
he  was  writing  or  sharpening  his  pencil." 

On  cross-examination  the  witness  refused  to  swear  posi- 
tively that  the  knives  were  Dr.  Cronin's,  but  Judge  McConnell 
decided  to  admit  them  in  evidence. 

This  looked  rather  serious,  but  the  next  day  it  was  about  as 
thoroughly  proven  that  the  knives  were  Coughlin's  own,  and  that 
he  had  been  carrying  them  for  months,  as  anything  could  be 
shown  in  court. 

August  Lowenstein  was  called  on  behalf  of  the  defense  and 
examined  by  Mr.  Forrest.  After  stating  his  name,  and  that  he 
keeps  a  clothing  store  at  50  Racine  Avenue,  he  testified  that  he 
had  sold  a  pair  of  pants  to  Dan  Coughlin  on  the  27th  of  April, 
this  year,  a  fact  shown  by  the  books  of  the  store.  The  pants  had 
to  be  altered,  and  while  Dan  was  waiting  for  the  new  pants  he 
laid  out  of  the  pockets  of  the  old  ones  on  a  chair  some  keys  and 
two  knives. 

"  How  do  you  happen  to  remember  the  two  knives  ?  "  asked 
Mr.  Forrest. 

"  Because  I  wanted  to  take  one  of  them." 

"  Did  you  try  to  take  one  ?  " 


400  THE  LEGAL  BATTLE. 

"  Yes,  sir." 

"Which  one?" 

"  The  light-colored  one,"  replied  the  witness,  holding  up  a 
knife  which  had  been  put  into  his  hand  "by  Mr.  Forrest  for  the 
purpose. 

"  What  do  you  say  as  to  this  other  one.^"  said  Mr.  Forrest. 

"  I  could  not  say  positively,  but  it  looked  somewhat  like 
that." 

Jacob  Lowenstein  was  next  called  on  behalf  of  the  defense, 
and  examined  by  Mr.  Forrest. 


Jacob  Lowenstein. 

"  Your  name  is  Jacob  Lowenstein  ? "  he  was  asked. 
"  Yes,  sir,"  replied  witness. 

"  I  believe  that  you  testified  before  that  you  were  a  police- 
man up  to  some  time  last  year  }  " 
"Yes,  sir.'* 

"  Connected  with  the  Chicago  Avenue  Police  Station  ?  " 
"  Yes,  sir." 

"And  traveled  with  Dan  Coughlin.?" 
"Yes,  sir." 
"  Up  to  what  time  ?  " 
"  February  the  6th." 


THE  LEGAL  BATTLE.  401 

*'  For  how  long  did  you  travel  with  him  ?  " 

"From  September,  1887,  to  February  6th." 

"  I  would  like  to  have  you  tell  the  jury  how  much  detectives 
— partners  is  what  you  are  called — are  together.?" 

"  They  are  together  all  the  while." 

"Day  and  night?" 

"  Yes,  sir,  until  they  are  ready  to  go  home." 

"  Walk  the  streets  together,  and  are  in  the  station  together  ?  " 

"Yes,  sir." 

""Where  you  find  the  one  you  generally  find  the  other?  " 

"  We  always  wait  for  one  another  at  the  police  station." 

"Did  yon  ever  see  Dan  Coughlin's  pocket  knives?  " 

"  Yes,  sir.     One  of  them  I  have  seen  quite  often." 

"  How  many  did  he  have  ?  " 

"  Two." 

"  Please  look  at  these  two  knives,"  said  Mr.  Forrest,  exhib- 
iting the  knives  introduced  in  evidence  to  the  witness. 

"  This  is  Dan  Coughlin's  knife,"  replied  Lowenstein  coolly. 

"  How  do  3^ou  know  it  ?  "  asked  Mr.  Forrest. 

"  I  know  it  from  the  way  it  is  ground,,and  the  color  of  the 
handle,  and  the  general  appearance  of  it." 

"  How  is  it  ground  ?  " 

"-  It  is  ground  at  the  point  on  the  sandstone  at  the  station. 
He  ground  it  that  way  while  I  was  standing  there  talking." 

"  And  the  other  one  ?  " 

"  The  other  one  is  a  facsimile.  I  think  it  is  the  same  knife, 
but  I  would  not  be  positive." 

"  But  as  regards  the  small  knife  you  are  positive  it  is  his  ?  " 

"  I  am  positive  it  is  his.     I  know  he  had  one  just  like  it." 

"  How  often  have  you  handled  the  small  knife  ?  " 

"  I  could  not  say ;  I  have  handled  it  quite  often,  cutting 
strings  and  one  thing  or  another." 

"  While  you  traveled  together  last  winter  and  before  that?" 


402  TH1&  LEGAL  BATTLE. 

"Yes,  sir." 

Cross-examination  only  strengthened  the  identification,  and 
with  this  sensational  episode  the  evidence  in  the  case  was  finally 
closed. 


^^I^k'e)^**' 


BOOK  V. 


THB  APPKAIv  TO  TTtlK  JURY. 


Chapteb  I. 

Longenecker's  Review  of  the  Case — The  *'  Mountain  Peaks'*  of 
the  Evidence — The  Secret  Committee — Letters  of  Beggs  and 
Spelman — "  That  Committee  Reports  to  Me  Alone" — From 
Camp  20  to  the  Clark  Street  Flat — From  the  Flat  to  the  Carl- 
son Cottage — A  Chain  of  Guilt — Why  Cronin  was  Denounced 
— Q'Sullivan's  Contract — Burke  and  His  Flight — Coughlin's 
Share  in  the  Plot — Kunze  at  the  Flat — An  Array  of  Damning 
Circumstances — Common  Sense  and  Circumstantial  Evidence. 


FRIDAY  was  the  ruling  day  of  the  Cronin  case.  It  was  on 
Friday  it  began,  and  on  Friday  the  work  of  investigation 
ended  and  the  argument  to  the  jury  began.  State's  At- 
torney Longenecker  was  the  first  speaker.  He  opened  in  the 
usual  fashion,  thanking  the  jury  for  their  work  and  their  patience, 
and  then  at  once  attacking  the  "  mountain  peaks "  of  the  evi- 
dence. 

He  charged  that  there  had  undoubtedly  been  a  conspiracy  to 
commit  murder  proven  against  the  prisoners. 

He  marshaled  the  evidence  going  to  show  the  excitement  in 
Camp  20  following  O'Connor's  speech,  and  Dan  Coughlin's  motion 
for  a  secret  committee  to  investigate  the  source  of  O'Connor's  in- 
formation. 

"  Remember  now,"  said  Judge  Longenecker,  "  that  Foy  had 
made  his  speech  claiming  that  there  were  spies  in  the  order — 
claiming,  as  he  charged,  that  there  were  other  Le  Carons  in  the 
order.     Following  that  O'Connor  had  made  his  speech  on  the 

(403) 


404  THE  APPEAL  TO   THE  JURY. 

other  side.  The  two  factions  had  met.  Thomas  O'Connor  had 
stated  that  the  ex-executive  bod;}^  had  squandered  the  funds  of 
the  organization;  that  they  had  put  men  behind  the  prison  bars, 
and  that  Le  Caron  was  in  the  pale  of  that  executive  body;  and 
then  he  gives  as  his  reason  for  making  such  statements  that  he 
heard  it  read  in  another  camp. 

"  They  all  knew  that  Dr.  Cronin  was  on  that  committee  of  in- 
vestigation at  Buffalo,  and  that  he  had  made  a  separate  report 
from  the  others.  They  knew  that  he  had  protested  against  the 
report  of  the  majority;  that  hehad  a  minority  report.  They  all 
knew  that  he  had  condemned  this  executive  body  and  charged 
upon  them  the  frauds  that,  it  was  reported  and  he  insisted,  they 
had  perpetrated.  It  was  Daniel  Coughlin  who  was  an  enemy  of 
this  camp  of  Dr.  Cronin's,  who  despised  and  hated  Dr.  Cronin, 
who  moved  that  a  secret  committee  be  appointed  to  find  out  just 
what  they  all  knew  at  the  time — that  it  had  been  read  by  Dr. 
Cronin  in  his  camp. 

*'  The  learned  counsel  contends  that  there  was  no  trial  and 
that  we  cannot  prove  that  there  ever  was  a  trial  committee  ap- 
pointed, or  that  Cronin  was  ever  tried.  Of  course  not.  We  do 
not  contend  that  this  secret  committee  was  appointed  to  try  Dr. 
Cronin.  We  never  contended  that  they  were  appointed  for  the 
purpose  of  investigating  Dr.  Cronin  or  what  he  had  read  in  his 
camp.  Try  Dr.  Cronin  ?  Who  thought  of  contending  that  they 
went  through  the  formalities  of  a  trial  ?  We  did  not,  but  that  that 
committee  was  appointed  and  that  it  acted ;  and  that  it  settled  the 
whole  matter  amicably  for  the  ex-executive  body  we  have  no 
doubt.  The  motion  made  by  Daniel  Coughlin  was  that  a  secret 
committee  of  three  be  appointed  to  inquire  into  and  investigate 
the  rumors  afloat  regarding  the  trial  of  the  ex-executive  body. 
That  motion  was  carried. 

"  When  we  get  further  into  the  evidence  you  will  see  con- 
clusively what  the  gist  of  that  matter  was.  When  we  show  you 
what  the  result  of  this  meeting  was,  and  how  it  was  followed  up, 
you  will  see  conclusively  what  was  meant  by  the  resolution.  We 
will  show  you  by  evidence  that  a  commitee  was  appointed,  and  that 
it  acted. 

"  February  8  we  had  Martin  Burke,  Dan  Coughlin  and  John 
Beggs  at  the  meeting  of  the  camp,  and  that  8th  of  February  Martin 
Burke  was  appointed  a  committee,  as  shown  by  the  record  of 
the  secretary,    to  pass  upon  the  qualification  of  Mat  Dannahy's 


State's  Attorney  Joel  M  Lougenecker. 


406  THE  APPEAL  TO    THE  JURY. 

bartender,  who  swears  to  the  alibi  that  same  night.  They  were 
getting  in  their  friends  then,  gentlemen.  Now  this  was  February 
8,  and  February  1 6  John  F.  Beggs,  the  Senior  Guardian  of  this 
camp,  wrote  a  letter  to  Edward  Spelman,  the  district  member. 
February  17  Spelman,  the  district  member,  answered  that  letter, 
in  which  he  says  he  does  not  know  of  any  authority  in  the  con- 
stitution that  authorizes  him  to  inflict  penalty.  Recollect,  gentle- 
men, they  are  now  talking  about  penalties.  He  saj^s  there  is 
nothing  in  the  constitution  whereby  he  is  authorized  to  inflict 
a  penalty,  and  in  this  letter  of  Beggs  to  Spelman  the  Senior 
Guardian  directs  his  attention  to  Cronin's  camp,  showing  conclu- 
sively  that  he  knew  where  that  report  was  read,  and  showing  also 
that  he  knew  where  it  emanated  from.  On  February  18  John  F. 
Beggs  writes  to  Spelman  that  he  does  not  know  of  any  authority 
under  the  written  law.  I  will  read  the  letters  to  you,  gentleman, 
in  order  that  you  may  fully  understand  them. 

"Now,  what  follows  ?  February  1 9  Simonds  appears  and  rents 
the  flat  at  No.  117  Clark  Street,  the  furniture  is  bought,  and  Feb- 
ruary 20  the  carpet  is.  laid  down  in  the  Clark  Street  room.  This 
was  all  done  in  February,  you  will  remember,  and  the  night  of 
February  22  this  man,  who  moved  the  appointment  of  a  secret 
committee,  and  who  had  already  begun  his  work  as  chairman  of 
the  committee,  Daniel  Coughlin,  tells  Henry  Owen  O'Connor  that 
there  is  an  enemy  in  the  camp,  and  that  he  has  it  on  good  author- 
ity that  it  is  Dr.  Cronin,  and  he  is  a  spy  among  them.  O'Connor 
would  not  hear  any  more,  and  left  him.  Take  all  these  letters,  and 
if  that  committee  was  appointed  to  find  why  Dr.  Cronin  had 
read  that  report,  then  there  was  nothing  to  make  a  fuss  about, 
but  if  the  men  there  believed  him  to  be  a  spy  and  traitor,  and 
they  wanted  to  kill  him,  then  there  is  lots  in  it.  Now,  let's  see 
what  those  letters  contain." 

Mr.  Longenecker  here  read  the  correspondence  between  Beggs 
and  Spelman  produced  in  evidence. 

*'  What  is  it  that  moves  this  Senior  Guardian  to  say  that  those 
men  who  are  continually  stirring  up  agitation  would  find  that  a 
day  would  come  to  them  of  punishment.?  What  does  he  mean.? 
What  does  Spelman  mean  when  he  writes  to  him  that  he  hoped 
there  would  be  unity;  that  he  hoped  for  better  results,  but  that 
he  was  greatly  disappointed  and  disgusted,  and  thanked  God  that 
his  time  would  expire  at  the  end  of  the  month  ?     Why  is  it  that 


THE  APPEAL  ^O   THE  JURY.  407 

Beggs  stated  that  a  majority  of  the  members  believed  the  ex- 
executive  innocent  of  the  charges  ?  Does  it  not  show  to  you  that 
Spelman  and  Beggs  in  these  letters  had  talked  about  Cronin,  and 
had  talked  about  this  whole  matter?  He  says:  *The  majority  of 
our  men  believe  the  parties  charged  to  be  innocent  of  any  crimi- 
nal wrong,  and  to  have  the  charges  made  continually  that  they 
are  guilty  creates  bitterness  and  ill-feeling,'  and  that  the  man 
who  makes  such  charges  is  not  a  friend  of  Irish  unity.  What 
means  this  talk  about  inflicting  a  penalty  on  Cronin,  who  has  con- 
tinually and  persistently  charged  that  these  men  were  thieves, 
robbers  and  murderers  by  sending  Irish  patriots  from  this  country 
to  English  prisons. 

"Gentlemen,  if  you  are  not  content  with  the  proof  afforded 
by  these  letters,  if  you  are  not  satisfied  from  the  evidence  adduced 
as  to  what  took  place  on  the  8th  of  February,  I  direct  your  atten- 
tion to  the  speeches  made  February  2,  when  Patrick  McGarry 
made  the  same  charges,  and  when  Beggs  stood  there  and  said  he 
would  not  submit  to  such  charges  being  made  in  his  camp,  and  he 
slapped  his  breast  and  said  he  thanked  God  that  Alexander  Sulli- 
van had  friends,  and  that  he  was  one  of  them. 

"  Now,  this  occurred  on  the  22d  of  February.  The  Senior 
Guardian  was  then  defending  the  Triangle.  Dr.  Cronin  had  been 
charging  the  Triangle  with  misappropriation  of  the  funds — and 
what  else  ?  He  had  been  charging  them  with  worse  than  murder. 
He  had  been  charging  that  they  not  only  robbed  the  treasury,  but 
that  they  had  sent  iiHiocent  men  to  English  prisons ;  that  they  had 
sent  men  behind  the  bars  in  order  to  protect  their  own  thievery.  He 
had  charged  upon  this  Triangle,  as  Thomas  O'Connor  stated  in  his 
speech,  in  his  minority  report  which  he  had  read  to  his  camp,  the 
scoundrelism  of  these  men ;  and  here  we  find  this  Senior  Guardian" 
— and  the  State's  Attorney  turned  round  and  pointed  to  Beggs — 
"on  the  22d  of  February  defending  them  and  saying  that  they 
had  friends,  and  that  he  was  glad  to  say  that  he  was  one  of  them. 
Now,  gentlemen,  remember  that  this  was  on  the  22d  of  February, 
two  days  after  the  carpet  had  been  nailed  down  in  the  flat  of  117 
Clark  Street ;  five  days  after  the  notorious  letter  that  the  Senior 
Guardian  had  written  Spelman  to  find  out  something  that  he  knew 
all  about — writing  to  this  district  member  to  investigate  a  matter 
that  he  knew  all  about. 

"  What  else  ?  We  find  that  on  the  following  meeting,  on  the 
1st  of  March — it  is  in  evidence  here  by  Henry  Owen  O'Connor — 


408  THE  APPEAL  JO   THE  JURY. 

that,  as  ne  was  leaving  the  hall,  Daniel  Coughlin,  the  chairman  of 
the  committee,  followed  him  into  the  ante- room,  and  said  to  Henry- 
Owen  O'Connor,  '  There  are  other  Le  Carons  here  among  us.'  He 
knew  how  Henry  Owen  O'Connor's  heart  went  out  to  Ireland.  He 
knew  how  patriotism  burned  in  his  heart;  he  knew  that  Henry- 
Owen  O'Connor  was  loyal  to  his  people.  He  thought  by  preju- 
dicing him  in  that  direction  he  would  surround  their  action  with 
another  friend.  What  does  he  do  ?  He  says, '  It  is  rumored  around 
that  there  is  another  Le  Caron,  and  we  have  got  it  pretty  straight 
that  it  is  Dr.  Cronin.'  This  was  on  the  1st  day  of  March,  on  Fri- 
day night. 

"Singular, is  it  not.^  Here  on  the  8th  day  of  February,  the 
date  on  which  the  motion  was  made  for  that  committee — on  the 
16th  of  February  the  Senior  Guardian  writing  about  it,  and  on  the 
17th  writing  about  it;  on  the  19th  renting  the  flat;  on  the  20th 
nailing  the  carpet  down,  and  on  the  22d  defending  the  Triangle, 
and  on  the  1st  of  March,  this  man  who  is  on  trial  now  for  his 
life  says  that  Dr.  Cronin  is  a  spy. 

"On  the  night  of  the  3d  or  on  the  10th — I  do  not  care 
which  night  it  was — some  one  in  the  crowd  asked  the  Senior 
Guardian  if  the  secret  or  private  committee  had  reported.  The 
Senior  Guardian,  with  his  hand  uplifted,  said:  '  That  committee 
reports  to  me  alone.'  That  was  John  F.  Beggs!  Has  that  com- 
mittee reported  ?  '  That  committee  reports  to  the  Senior  Guard- 
ian alone.' 

"  Had  he  reference  to  the  trial  committei!.?  Why,  no.  They 
contended  that  they  had  been  urging  for  that  committee's  report; 
would  he  have  made  such  a  remark  as  that  if  it  liad  reference  to 
the  trial  committee  that  tried  the  Triangle.?  No,  gentlemen ;  it 
had  reference  to  this  secret  committee  that  had  been  appointed  by 
John  F.  Beggs;  and  to  show  you  that  he  had  appointed  it,  on  the 
29th  day  of  April,  over  on  the  South  Side  of  this  city%  as  is  testi- 
fied to  by  his  friend  Spelman,  the  district  officer — on  the  29th  day 
of  April  what  did  he  say  ?  He  said :  '  That  matter  has  all  been 
amicably  settled.'  How  settled  ?  At  the  hour  he  spoke  the  cot- 
tage had  been  rented;  at  the  hour  he  spoke  the  arrangements  had 
been  made;  at  the  hour  he  spoke  the  sentence  had  been  fixed;  at 
the  hour  he  spoke  it  had  been  'amicably'  settled — that  was  on  the 
29th  day  of  April.  Is  there  anything  in  the  camp  that  shows  it 
was  amicably  settled  .''  Has  there  been  a  man  to  come  here  to  say 
that  they  visited  Dr.  Cronin's  camp  to  investigate  why  he  read 


THE  APPEAL  TO   THE  JURY.  409 

this  report  ?  Has  there  been  a  man  that  dare  come  to  the  front 
and  say  that  any  investigation  had  been  made — that  anything  had 
been  done  ?  No.  Then  why  was  it  that  this  man,  Beggs,  said 
that  it  had  been  amicably  settled  ?  Because  the  committee  had 
agreed  that  certain  things  had  to  be  done,  and  that  they  would 
be  done,  and  therefore  there  was  no  occasion  for  any  further  in- 
vestigation. That  is  why  he  told  Spelman  on  the  29th  of  April 
that  this  matter  had  been  amicably  settled.     It  had  been. 

"  Following  that,  when  he  says,  '  That  committee  reports  to 
me  alone,'  it  is  no  wonder  he  made  that  remark,  knowing  in  his 
heart  what  had  been  done;  knowing  the  results  that  were  to  fol- 
low, no  wonder  he  said,  '  That  committee  reports  to  the  Senior 
Guardian  alone.' " 

Judge  Longenecker  then  described  in  great  detail  the 
renting  of  the  flat  at  117  Clark,  the  buying  of  the  furniture,  and 
the  renting  of  the  Carlson  cottage,  with  which  the  reader  is  al- 
ready familiar. 

"  I  want  to  know  why  Martin  Burke  rented  that  cottage,"  he 
continued,  after  showing  how  thoroughly  that  prisoner  had  been 
identified  as  Williams.  "  What  explanation  is  there  to  give  for 
its  being  rented  ?  If  Martin  Burke  rented  it  intending  that  his 
sister  should  keep  house  for  himself  and  his  brother,  why  didn't 
they  keep  house  ?  If  Martin  Burke  was  working  at  tlie  stock- 
yards and  even  went  to  Joliet  to  work;  if  he  worked  for  the  city 
in  the  sewer,  why  did  he  go  out  to  Lake  Vievv  to  get  a  house.? 
Well,  if  we  cannot  find  a  reason  for  this  by  following  the  eridence 
we  will  give  you  a  pretty  good  reason  for  his  not  occupying  it. 
My  judgment  is  that  he  ought  to  be  compelled  to  live  there  for 
all  the  days  of  his  life.  He  ought  to  be  required  to  wallow  in  the 
blood  that  there  was  drawn  from  the  veins  of  Dr.  Cronin  ! 

"Burke  told  the  expressman  to  report  at  117  Clark  Street 
and  he  would  be  on  hand.  Mortensen  drove  up  to  the  number 
given  him  and  found  Burke  standing  at  the  door.  There  are  the 
two  men  we  first  see  at  117  South  Clark  Street — Kunze,  the  little 
German,  and  Burke." 

*'  I  never  did,"  shouted  Kunze,  rising  from  his  feet  and 
shaking  his  fist  at  the  State's  Attorney. 

"  Burke  was  moving  the  furniture  with  another  man,"  con- 
tinued Judge  Longenecker. 


410  THE  APPEAL  TO   THE  JURY. 

"  That  is  a  lie/'  broke  in  Kunze  again.  The  little  German 
seemed  very  much  excited,  and  it  required  all  the  power  of  Mr. 
Donahoe  to  soothe  him. 

"  There  is  no  attempt  to  prove,"  proceeded  the  State's  Attor- 
ney, "that  Kunze  helped  to  move  the  furniture;  nobody  would 
believe  that  he  would  lift  anything;  but  this  man  Burke  was  there 
to  move  his  sister's  furniture,  and  another  man  with  a  mus- 
tache was  there  to  help  him.  They  would  not  let  the  expressman 
go  upstairs  to  help  them. 

"  You  can  have  no  doubt  that  Martin  Burke  moved  this  fur- 
niture. Mortensen  saw  him  two  or  three  times  afterward ;  saw 
him  on  Chicago  Avenue,  always  walking  on  the  south  side  of  the 
street  leading  to  the  station,  where  Coughlin  drew  his  pay  for  or- 
ganizing a  conspiracy  against  citizens  of  Chicago.  It  runs  on  now 
to  the  24th  of  March,  and  what  do  we  find  ?  March  20  the  cot- 
tage was  rented;  March  20  this  man  Burke  moves  the  furniture 
in,  which  was  identified  by  Mr.  Hatfield.  Something  had  to  be 
done  to  get  Dr  Cronin  out  there.  'We  have  got  the  cottage,' 
said  the  chairman  of  the  committee.  'Yes,  I  have  rented  it,'  says 
Burke.  'Yes,  it  is  near  me,*  says  O'SuUivan.  I  am  reasoning  now 
from  the  evidence.  I  have  a  right  to  talk  that  way.  Well,  on 
the  24th  of  March  Dan  Coughlin  was  in  Mahoney's  saloon  on 
Chicago  Avenue,  and  was  seen  by  Quinn  and  Riley  talking  to  P. 
O'Sullivan  near  the  screen.  They  were  engaged  in  a  whispered 
conversation,  and  afterwards  came  up  into  the  crowd.  Recollect 
that  before  that  Patrick  O'Sullivan  had  been  charging  that  Dr. 
Cronin  had  been  taking  Deputies  into  the  organization.  Recollect 
that  he  had  charged  in  open  camp  that  Cronin  had  been  taking  in 
Deputies,  and  a  discussion  arose  there  between  Patrick  O'Sullivan 
and  Dan  Coughlin  about  Deputies.  Then  it  was  that  this 
man  Coughlin  said,  'If  a  North  Side  Catholic  doesn't  keep  his 
mouth  shut  he  will  soon  be  put  out  of  the  way,'  or  something  to 
that  effect.  That  was  testified  to  by  Quinn  and  Riley  and  is  un- 
disputed. This  man  Coughlin,  whose  mind  was  full  of  murder, 
being  chairman  of  this  committee  about  Cronin,  and  about  the 
object  of  which  he  was  talking  to  O'Sullivan,  they  having  been  dis- 
cussing the  question  of  how  to  get  Cronin  to  the  cottage,  it  was  in 
his  mind,  and  he  broke  out  without  thinking  what  he  was  saying, 
without  thinking  that  the  words  would  come  back  at  him  in  fu- 
ture months.     He  says  :  '  A  North  Side  Catholic,  if  he  doesn't 


THE  APPEAL  TO   THE  JURY.  411 

keep  his  mouth  shut,  will  be  done  away  with.'  Who  was  he 
referring  to?  Dr.  Cronin  had  charged  that  the  Triangle  had 
almost  ruined  their  organization.  Dr.  Cronin  had  charged  that 
the  man  who  was  the  friend  of  Coughlin  was  a  thief  and  a  robber. 
Dr.  Cronin  had  charged  that  this  man  had  thrust  innocent  men 
into  prison  in  order  to  cover  up  his  stealings.  Why  was  Dan 
Coughlin  thinking  then  of  this  subject.^  Because  he  and  this  man 
were  discussing  how  they  could  induce  Dr.  Cronin  to  go  to  the 
Carlson  cottage ;  because  they  were  then  planning  as  to  how  they 
could  get  him  there  after  Martin  Burke  had  rented  the  place ; 
this  I  believe  to  be  the  true  state  of  his  mind  at  that  time.  1  be- 
lieve they  talked  it  over  in  that  way  just  as  much  as  if  I  had 
heard  it  from  their  very  lips. 

"  This  is  not  all,  gentleman.  Something  had  to  be  done  to 
get  Dr.  Cronin  out  to  Lake  View.  Dan  Coughlin,  the  schemer 
and  originator,  had  put  O'SulHvan  into  a  notion  of  doing  some- 
thing that  he  had  never  thought  of  before.  Nothing  had  then 
occurred  to  show  that  O'Sullivan  would  have  trouble  with  his 
icemen — nothing  to  lead  him  to  believe  that  there  might  be  acci- 
dents and  damage  suits,  and  that  he  would  be  in  need  of  a  physi- 
cian. But  the  idea  struck  him.  Dan  Coughlin  had  talked  with 
him  on  the  24th.  On  the  29th  there  was  a  literary  society  or- 
ganized in  Lake  View,  and  Dr.  Cronin  was  brought  up  to  organize 
it.  They  wanted  to  get  him  familiar  with  the  country.  They 
wanted  to  get  him  used  to  driving  in  that  locality.  What  did  he 
do.?  This  man  O'Sullivan,  who  was  as  cold  as  the  ice  on  his 
wagons,  goes  to  the  meeting  with  a  friend  and  helps  to  organize 
this  Clan-na-Gael  camp  in  Lake  View.  They  took  in  Justice 
Mahoney,  who  was  a  candidate  for  office. 

''Patrick  O'Sullivan,  with  his  cold,  icy  heart,  took  it  all  in. 
The  idea  struck  him  at  once,  'Here  are  Mahoney  and  Dr.  Cronin 
great  friends,'  and  afterwards  he  said  to  Mahoney  :  '  Do  you 
know  Cronin  well .?'  Mahoney  said  'Yes.'  '  Is  he  a  good  doctor  .?' 
asked  O'Sullivan.  'Yes.'  'Will  you  go  down  and  introduce  me  to 
him .?'  continued  the  iceman ;  'I  want  to  make  a  contract  with  him 
to  treat  my  men.'     And  Mahoney  said  he'd  do  so. 

"  Mahoney  said  they  didn't  go  down  the  next  day.  Then 
the  election  came  on,  and  Dan  Coughlin,  having  been  in  the  habit 
of  running  the  election,  I  suppose,  so  far  as  the  Clan-na-Gael  part 
is  concerned,  was  busy.  Patrick  O'Sullivan,  being  something  of 
a  politician  himself  in  his  neighborhood,  had  also  to  attend  the 


412  THE  APPEAL  TO   THE  JURY. 

election.  The  rent  was  paid  for  a  month  anyway;  so  they  ran 
along  until  the  19th  of  April.  If  you  figure  that  out  you  will 
find  it  was  soon  after  another  meeting  of  the  Clan-na-Gael  camp 
—  soon  after  the  committee  had  a  chance  to  get  together.  You 
will  find  that  on  the  ISthO'SuUivan  left  word  with  Mahoney  that 
he  would  like  him  to  go  down  with  him  to  see  Dr.  Cronin. 
Mahoney,  acting  in  good  faith,  met  him,  and  they  went  down  to 
Dr.  Cronin's  office.  Now,  we  have  the  object.  We  have  one  of 
the  members  of  Camp  20  renting  the  cottage;  we  have  another 
member  of  Camp  20  going  to  make  a  contract  with  the  Doctor. 
He  goes  to  the  office  and  tells  the  Doctor  he  would  like  to  employ 
him  to  attend  to  his  men  during  the  ice  season.  You  remember 
what  the  contract  was.  They  talked  about  it  and  figured  on  the 
price,  which  was  finally  agreed  as  $50  for  the  ice  season,  or  seven 
months.  The  Doctor  asked  O'Sullivan  if  he  had  had  any  acci- 
dents, and  O'SuUivan  said  no,  but  he  didn't  know  what  might 
occur  —  that  the  horses  might  run  off  and  hurt  somebody. 
Mahoney  testified  to  this.  Here  is  a  significant  fact.  It  was  on 
the  19th  of  April  that  this  contract  was  made.  Now,  remember 
that  on  that  day  Patrick  O'Sullivan  handed  the  Doctor  some 
cards,  saying,  '  I  may  be  out  of  town  and  my  card  will  be  pre- 
sented to  you.'  This  is  significant  when  we  get  to  another  branch 
of  this  evidence.  Now,  he  reports  again  to  the  chairman 
of  the  committee  that  'the  contract  is  made;  Cronin  is  thrown  off 
his  guard ;  Mahoney  went  with  me.'  Now,  to  show  you  that  he 
was  watching  what  he  was  doing,  Frank  Murray  tells  us  that  on 
the  morning  of  the  5th  of  May  O'Sullivan  told  him  that  he  hap- 
pened to  be  down  town  and  he  met  Mahoney,  and  that  he  wanted 
Mahoney  to  go  with  him  to  mal^e  this  contract.  It  was  an  acci- 
dental meeting,  he  said.  The  committee  had  had  a  chance  to 
meet  and  consult  again  in  the  meantime.  The  furniture  was 
bought;  it  was  moved  into  the  cottage;  the  contract  with  the 
Doctor  was  made ;  they  had  it  all  arranged,  and  when  Spelman 
comes  to  the  city  on  the  29th  of  April,  the  Senior  Guardian  says, 
'  It  is  all  amicably  settled.' 

"  After  making  this  contract  O'Sullivan  goes  home  and  sits 
down  to  the  dinner  table,  and  the  first  thing  he  says  is,  '  If  there 
is  any  sickness  in  the  family  I  have  a  doctor  hired,'  and  he  tells 
Mrs.  Whalen  and  all  the  icemen  that  '  I  have  a  doctor  hired. 
Any  time  you  want  a  doctor  send  for  him.*  His  contract  with 
the  Doctor  was  not  that  he  should  treat  sick  people,  or  treat  Mrs. 


THE  APPEAL  TO   THE  JURY.  413 

Whalcn,  Tom  Whalen  and  their  children,  and  everybody  in  the 
neighborhood.  The  contract  was  not  for  that  purpose.  It  was 
for  treating  injuries  to  his  icemen.  Yet  he  goes  home  and  wants 
thera  to  understand  it  riglit  away  in  the  house.  But  that  is  not 
all.  He  had  given  the  Doctor  a  card.  Something  must  be  done. 
This  man  Coughlin,  who  was  on  the  detective  force  for  years, 
and  who  was  signing  the  pay-roll  every  month  —  this  man  gave 
him  to  understand  that  something  else  must  be  done.  Then 
O'Sullivan  goes  to  work  and  has  a  new  card  printed  in  April. 
He  gets  them  just  before  the  4th  of  May.  It  is  a  different  card 
from  the  one  he  gave  Dr.  Cronin.  He  had  no  idea  that  the  new 
card  would  ever  land  on  the  mantelpiece  of  the  house  where 
Dr.  Cronin  resided;  he  had  no  idea  that  card  would  ever  again 
face  him.  He  did  not  expect  this,  because  they  try  to  prove  that 
he  got  a  bunch  of  new  cards  for  distribution.  His  idea  was  that 
if  they  claimed  that  the  card  was  presented  for  the  Doctor  to 
go  to  his  house,  he  could  say  the  town  was  full  of  those  cards, 
don't  you  see.  He  was  getting  a  new  card  printed  which  was  to 
be  used  in  drawing  the  Doctor  out  there.  But  it  was  never  in- 
tended to  be  left  in  the  possession  of  Dr.  Cronin.  If  it  was,  they 
supposed  the  Doctor  would  stick  it  in  his  pocket.  O'Sullivan  had 
no  idea  that  any  living  soul  would  see  that  card  thereafter.  It 
was  for  a  purpose,  any  way. 

"  Now  we  have  all  this  arranged ;  we  have  the  whole  thing 
'amicably  settled;'  that  is  the  way  in  which  it  was  to  be  done. 
We  have  the  cottage  rented,  the  contract  with  the  Doctor  —  now 
it  is  all  'amicably  settled' — just  how  we  are  going  to  complete 
the  work;  we  don't  need  district  officers  or  outside  help;  it  is  all 
arranged;  the  work  will  be  completed. 

"  Now  we  will  tell  you  about  other  things  in  this  case  before 
we  come  to  the  4th  of  May.  You  will  remember  that  in  Septem- 
ber John  F.  Beggs  was  walking  down  the  street  with  Mr.  O'Keefe 
and  Mr.  Flynn,  and  they  were  discussing  Dr.  Cronin.  Beggs 
said  Dr.  Cronin  was  not  fit  to  belong  to  the  Irish  cause.  When 
you  brand  an  Irishman  as  not  fit  to  belong  to  the  Irish  cause,  it 
means  that  he  is  a  man  to  be  held  in  contempt  by  the  Irish  peo- 
ple. Beggs  gave  as  a  reason  that  he  had  taken  Dan  Coughlin  in 
without  ever  initiating  him,  and  O'Keefe  said  he  was  going  to  in- 
vestigate it.  I  have  no  doubt  somebody  filled  up  Beggs  in  ref- 
erence to  Dr.  Cronin.  I  have  no  doubt  somebody  stood  behind 
him  telling  him  what  a  terrible  man  he  was  —  that  he  was  always 


414  THE  APPEAL  TO   THE  JURY. 

creating  disturbances  in  the  order  —  that  somebody  talked  him 
up  in  this  matter  until  he  got  to  be  Senior  Guardian. 

"Up  to  the  4th  of  May  Dr.  Cronin  still  lived,  but  all  the 
arrangements  were  '  amicably  settled.*  'The  matter  I  was  writing 
to  you  has  been  amicably  settled,'  wrote  Beggs.  I  want  to  call 
your  attention  to  another  thing.  You  remember  that  about  a 
year  ago  last  September,  about  the  time  that  Beggs  was  talking 
about  Cronin  not  being  a  good  Irishman,  about  that  time  Dan 
Coughhn  was  trying  to  get  some  one  to  'slug'  Dr.  Cronin.  Now, 
you  must  believe  that  statement.  Here  were  three  witnesses. 
They  did  not  all  swear  to  the  same  point,  but  all  directed  to  the 
same  thing  that  Sampson  swore  to. 

"  Now,  there  is  more  in  that  than  you  think  of.  When  you 
couple  it  with  Dan  Coughlin's  expression  to  Dinan,  '  Don't  say 
anything,  because  I  have  had  trouble  with  Dr.  Cronin — because 
they  know  I  am  his  enemy, '  it  is  very  significant.  Why  did  they 
know  it  ?  He  had  told  Garrity  he  wanted  to  see  Sampson;  he  told 
Sampson  he  wanted  him  to  slug  Dr.  Cronin,  and  he  had  whispered 
into  the  ears  of  O'Connor  that  Cronin  was  a  spy.  He  had  charged 
in  a  North  Side  saloon  that  a  prominent  North  Side  Catholic 
would  soon  be  destroyed.  On  every  corner  he  had  raised  his 
hands  against  Dr.  Cronin.  In  the  lodge  he  moved  to  appoint 
this  secret  committee  to  investigate  Dr.  Cronin,  and  when  you 
couple  it  all  together  it  is  a  good  piece  of  evidence  in  this  case, 
as  tending  to  show  the  direction  in  which  Daniel  Coughlin  was 
moving  at  the  time  he  uttered  the  words." 

Mr.  Longenecker  then  went  into  the  hiring  of  the  white 
horse  from  Dinan,  saying,  after  reciting  all  the  circumstances: 

"  Now,  suppose  the  horse  was  not  identified  at  all ;  suppose  it 
was  a  bay  horse  or  a  brown  horse  or  any  other  kind  of  a  horse  than  a 
white  horse  or  a  gray  horse,  and  suppose  these  two  men  had  come 
that  gave  the  same  description  of  the  man  that  appeared  at  Dinan's 
livery  stable,  and  other  witnesses  identified  him  as  the  man  that 
started  away  with  the  Doctor  to  treat  one  of  O'Sullivan's  men — 
keep  that  circumstance  in  mind — that  Patrick  O'Sullivan  and 
Dan  Coughlin  were  seen  together  on  the  night  of  the  24th  of 
March,  when  Patrick  O'Sullivan  was  to  make  this  contract,  that 
they  both  belonged  to  the  same  order,  and  that  the  contract  was 
made  and  O'Sullivan  says:  '  My  card  will  be  presented  to  you  if 
I  am  out  of  town.'     Take  that  circumstance,  and  what  have  you 


THE  APPEAL   TO  THE  JURY.  415 

got  ?  You  have  men  who  identified  the  horse  that  Dan  Coughlin 
hired;  you  have  that  man  driving  north  on  Clark  Street  in  the 
direction  of  the  Carlson  cottage;  you  have  that  man  presenting 
Patrick  O'SuUi van's  card  and  demanding  the  attention  of  the  Doc- 
tor under  the  contract  that  Patrick  O'Sullivan  had  with  the  Doctor, 
and  you  have  them  driving  in  the  direction  of  the  Carlson  cot- 
tage. But  that  is  not  all  the  evidence  we  have  on  that  point.  Sup- 
pose that  this  is  an  ordinary  horse,  that  cannot  be  identified,  yet 
Mrs.  Conklin  tells  you  that  that  horse  is  a  horse,  that  she  remem- 
bers it  not  simply  because  it  was  a  white  horse  and  because  it  came 
from  Dinan's  livery  stable,  but  she  describes  it  from  its  uneasy  mo- 
tion; she  remembers  its  legs  and  its  knees.  She  says  it  has  big 
knees,  and  Capt.  Schaack  says  it  has  big  knees.  And  Mrs.  Conk- 
lin, looking  out  of  the  window  on  that  fatal  night,  saw  those  knees. 
Why  does  she  say  that.?  The  last  time  she  saw  Dr.  Cronin  alive 
he  was  sitting  behind  that  horse  that  had  knees  that  were  wobbly. 
No  wonder  she  remembers  that  horse,  because  she  saw  it  in  the 
same  uneasy  appearance  that  it  had  the  night  that  Dr.  Cronin  was 
driven  away.  She  identifies  the  horse  from  the  knees  and  from 
the  uneasy  appearance,  quite  as  much  as  if  it  was  white  or  gra}-." 

"  They  bring  a  man  from  New  Jersey  who  stood  across  the 
street,  and  the  only  reason  why  he  says  it  is  not  the  same  horse  is  be- 
cause the  hors^  that  drove  Dr.  Cronin  away  was  a  gray  horse  and 
this  horse  of  Dinan's  is  a  white  horse.  Did  this  man  who  traveled  all 
the  way  from  New  Jersey  tell  you  what  kind  of  knees  the  horse 
had  ?  Did  he  tell  you  there  was  anything  wrong  with  the  horse 
that  drove  Dr.  Cronin  away  ?  No ;  but  he  says,  looking  from  under 
an  electric  light  on  tiie  opposite  side  of  the  street,  he  could  see 
that  that  was  a  gray  horse  with  dark  legs,  and  therefore  it  was 
not  the  horse  that  drove  Dr.  Cronin  away.  On  the  question  of 
identifying  the  horse,  here  are  two  witnesses  where  they  could 
have  a  good  view  of  the  horse,  swear  positively  that  that  was  the 
horse.  It  is  true  that  they  brought  the  other  man  who  looked 
across  the  street  with  nothing  to  attract  his  attention  to  the  horse 
as  much  as  the  man,  but  Mrs.  Conklin  could  not  help  looking  to 
the  parties  getting  into  the  buggy. 

But  lay  that  aside ;  lay  aside  the  evidence  of  the  identification 
of  the  horse:  when  you  gather  up  thi^  chain  from  the  8th  of 
February — with  the  renting  of  the  flat;  with  the  writing  of  the 
letters ;  with  the  renting  of  the  cottage ;  with  the  removal  of  the 
furniture ;  with  the  fact  that  Coughlin  hired  the  horse  and  that 


416  THE  APPEAL  TO   THE  JURY. 

his  man  was  there  at  seven  o'clock  on  his  own  time — within  five 
minutes  of  the  time — that  he  appears  there  with  P.  O'Sullivan's 
card  in  his  hand — what  more  evidence  do  you  want  to  satisfy  you 
that  the  horse  that  drove  Dr.  Cronin  to  his  death  was  none  other 
than  the  one  that  Daniel  Coughlin  hired  of  Dinan  ? 

"  On  the  4th  of  Ma}^,  we  find  that  about  eight  o'clock  or  a 
little  after,  at  the  Carlson  cottage,  a  gray  horse  is  seen  coming  up 
Ashland  Avenue — the  gray  horse  that  was  hired  by  Daniel 
Coughlin  and  that  started  from  Dinan'slivery  stable  northward  at 
twenty  minutes  after  seven  o'clock.  Immediately  after  eight  o'clock 
the  gray  horse  was  seen  coming  from  the  north  on  Ashland  Ave- 
nue, driven  by  a  man  whom  the  party  could  not  describe.  Re- 
member that  Dr.  Cronin  started  with  a  satchel  and  with  his  box 
of  splints,  and  with  a  roll  of  cotton;  that  he  carried  them  on  his 
lap  and  that  he  wore  a  slouch  hat  with  a  low  crown  and  a  brown 
overcoat ;  and  that  this  horse  and  buggy  tliat  the  man  had  seen 
coming  north,  he  observed  that  the  horse  was  gray.  He  saw  the 
buggy  turned  round  and  a  tall  man  get  out  and  reach  in  and  take 
something  out  as  if  it  were  a  dark  satchel,  and  go  up  the  steps  into 
the  cottage,  and  the  man  in  a  brown  coat  with  a  high-crowned  hat 
went  into  the  cottage.'  The  buggy  then  drove  south.  It  was  a 
white  horse  that  drew  it  away.  Here  we  have  the  white  horse 
from  Dinan's  stable,  seeming  to  start  for  the  cottage,  and  here  we 
have  the  white  horse  taking  Dr.  Cronin  away  in  the  buggy  and  a 
man  getting  out  of  the  buggy  and  going  up  the  steps  into  the 
cottage.  It  looks  as  if  Providence,  working  in  a  mysterious  way, 
designed  that  there  should  be  some  one  to  see  the  last  steps  taken  by 
this  poor  man  as  he  rushed  up  the  steps  full  of  life  and  full  of 
hope,  going  in  there  to  relieve  suffering  humanity.  This  witness 
heard  cries  from  within — heard  strokes  and  cries  as  if  there  was 
a  fight — and  p'^ssed  on.  Do  you  have  any  doubt  now  but  that 
Dr.  Cronin  was  driven  to  the  Carlson  cottage  ?  Can  you  as  twelve 
men  making  up  your  minds  upon  the  evidence  have  any  doubt 
but  that  it  was  Dr.  Cronin  who  was  driven  into  that  cottage  ?  Tf 
not  there,  tell  me  where  he  was  driven  to  ? 

''  Well,  we  have  him  entering  into  the  cottage.  At  eight 
o'clock  a  wagon  was  seen  coming  from  the  south,  and  a  little  man 
was  driving  and  a  tall  man  was  with  him,  and  tliey  drove  up  to 
this  cottage.  This  was  after  the  work  was  done.  This  was  after 
the  deadly  blows  were  dealt.  They  carae  driving  up,  and  the  big 
man  got  out.     That  was  Daniel  Coughlin  and  Kunze — the  man 


THE   APPEAL  TO  THE  JURY.  417 

who  drove  him  there  was  Kunze — who  slapped  him  on  the  back 
on  the  12th  of  April  and  said:  '  That  is  my  friend/  He  is  the  man 
who  drove  him  there.  He  drovq  off  with  a  horse  with  a  brown 
face.  Again  at  ten  o'clock  Daniel  CoughUn  and  Kunze  are  seen 
on  Lincoln  Avenue — Nieman's  saloon — walking  in  there  to  drown 
the  last  bit  of  feeling  they  had  in  wine.  The  little  German  said 
he  would  take  beer,  and  O'Sullivan  said:  '  Take  wine.'  O'SuUivan's 
idea  was  to  take  wine  upon  that  occasion,  and  O'Sullivan  and 
Coughlin  went  into  the  room,  whispering  to  each  other,  and 
began  making  up  their  minds  as  to  what  they  should  do  with  the 
body  and  counseling  together,  while  the  little  German  was  at  the 
other  end  of  the  room.  This  was  at  eleven  o'clock,  within  two 
blocks  of  the  Carlson  cottage. 

"At  eleven  o'clock  the  committee  of  three,  with  the  chair- 
man sitting  on  the  trunk,  came  driving  along  eastward  on 
FuUerton  Avenue,  and  at  half-past  eleven,  a  block  north  of 
FuUerton  Avenue,  the  three  men  were  seen  with  what  seemed  to 
be  a  carpenter's  chest,  by  Officer  Smith,  going  north.  They  were 
seen  by  Way,  the  private  watchman,  in  the  morning  of  that  fatal 
night;  they  were  seen  to  get  off  the  wagon;  they  were  seen  to 
look  about  the  lake,  and  when  this  was  discovered  they  said, 
'Where  is  the  Lake  Shore  Drive  ?'  showing  that  they  had  either 
missed  their  way  or  missed  their  connection  in  some  way,  or  else 
they  were  getting  ready  to  dispose  of  their  tool-chest  or  trunk. 
Follow  that  back.  On  their  return  the  wagon  was  there,  but  no 
trunk  and  no  tool-chest,  and  Officer  Smith  said  to  the  other  officer, 
^Why,  that  is  the  same  wagon  I  saw  going  north  about  twelve 
o'clock,  and  here  they  come  back  on  Evanston  Avenue.'  Here 
comes  back  the  committee  of  three.  They  came  to  return  their 
sealed  verdicts.  Their  work  had  been  accomplished;  they 
thought  that  everything  was  sealed  from  the  outside  world. 
Have  you  any  doubt  as  to  what  was  in  that  trunk  ?  Have  you 
any  doubt  as  to  who  guided  that  wagon  and  directed  its  course  ? 
If  you  have  any  doubts,  tell  me  who  did  it.  Here  is  the  evidence 
piling  up  pile  upon  pile.  Well,  the  night  went  on.  Mr.  and 
Mrs.  Conklin  slept;  the  sun  rose  in  the  east  on  the  5th  of  MB.y. 
Dr.  Cronin  did  not  appear.  Frank  Scanlan,  the  last  friend  who 
saw  the  Doctor  when  he  rode  away,  mentioned  that  the  Doctor 
said  when  he  was  asked  when  he  would  come  back,  'God  knows 
when  I  will  get  back.'  God  did  not  tell  him  when  he  would  come 
back,  but  God  above  stands  ready  to-day  to  direct  this  prosecu- 


418  THE  APPEAL  TO  THE  JURY. 

tion  aright,  and  to  say  that  the  men  who  destroyed  the  life  of 
that  man  shall  be  punished  for  this  terrible  crime. 

"On  the  22d  day  of  May  some  men  who  were  looking  after 
the  health  of  the  community,  cleaning  catch-basins  in  Lake  View, 
lifted  the  lid  of  one  of  the  basins  and  saw  the  body  of  a  man. 
That  body  was  taken  out  and  brought  to  the  morgue  in  Lake 
View  and  identified  as  that  of  Dr.  Cronin.  Up  to  this  time  the 
word  had  gone  out.  Coughlin  supposed  it  was  all  right.  P. 
O'Sullivan  was  on  his  ice  wagon  again  and  handling  ice.  It  was 
the  right  kind  of  business  for  him  to  be  in.  Up  to  this  time 
Burke  was  visiting  his  friend  in  Joliet  and  at  work  in  a  ditch, 
telling  him  that  he  had  been  working  at  the  stock-yards.  Up  to 
the  finding  of  this  body  they  all  thought,  'There  is  no  danger  now; 
our  verdict  is  sealed  and  it  is  returned  to  him  alone'  [pointing 
in  the  direction  of  Beggs].  No  one  has  a  right  to  know  except 
the  Senior  Guardian ;  we  are  in  no  danger.  Dan  Coughlin  signed 
his  pay-rolls  all  the  same;  Patrick  O'Sullivan  handled  his  ice; 
Burke  worked  in  the  ditch,  and  this  body  was  found.  It  was 
found  just  half  a  mile  from  where  that  committee  of  three  were 
seen  at  Edgewater — a  mile  south  of.Evanston  Avenue,  where 
they  had  the  tool  chest  or  trunk  seen  by  OflEicer  Way.  One-half 
mile  south  in  a  catch-basin  was  found  the  body  of  Dr.  Cronin. 
The  wagon  was  seen  to  be  empty  just  three-quarters  of  a  mile 
from  where  the  body  was  found,  and  the  bloody  trunk  was  found 
in  the  bushes.  In  the  catch-basin  there  was  cotton.  In  the  trunk 
there  was  cotton;  when  Dr.  Cronin  left  home  he  had  in  his  arms 
cotton,  and  further  on,  just  a  quarter  of  a  mile,  we  find  that  Dr. 
Cronin's  clothes  were  in  a  sewer. 

"But  the  cottage  was  not  discovered  on  the  day  the  body  was 
discovered.  On  the  night  of  the  22d  of  May  Capt.  Schuettler 
tells  you  that  he  put  a  guard  there,  and  next  morning  he,  with 
Capt.  Wing,  visited  the  Carlson  cottage,  which  is  almost  under 
the  doorsteps  of  this  defendant  O'Sullivan,  within  ten  seconds' 
walk.  They  examined  and  they  found  what  was  said  to  be  blood, 
and  the  floor  painted  over.  On  Sunday  morning,  the  5th — the 
morning  after  Wardell  saw  these  two  men  enter  the  cottage,  he 
saw  spots  of  blood  on  the  wall.  They  found  the  carpet  gone,  the 
trunk  gone,  the  trunk  strap  not  there,  but  the  furniture  was 
there.  The  pillows  were  without  cases,  the  bureau  was  standing 
out  from  the  wall,  and  there  was  the  chair  with  its  arm  broken, 
and  evidence  of  the  crime  having  been  committed  there. 


THE  APPEAL  TO  THE   JURY.  419 

"In  the  cottage  was  found  the  key,  and  the  learned  counsel 
says  he  will  show  you  something  about  that  key.  We  shall 
show  all  there  is  about  that  key.  We  never  pretended  that  it  was 
anything  but  a  common  key.  It  is  a  common  key  to  unlock  a 
common  lock.  You  remember  that  evidence:  the  lock  was  hang- 
ing onto  the  hasp,  showing  that  they  had  not  a  key  to  unlock  it. 
It  does  not  matter  whether  it  was  a  common  lock  or  a  common 
key  or  not.  The  key  that  unfastened  that  lock  had  blood  upon  it, 
and  it  was  found  in  the  Carlson  cottage  with  paint  upon  it,  or 
what  seemed  to  be  paint,  of  the  same  color  as  the  paint  that  was 
upon  the  floor.  Do  you  want  anything  else  in  reference  to  that 
key  and  lock?  That  was  found  in  that  cottage,  and  that  key  un- 
locked the  lock;  and  that  lock  was  on  the  trunk  that  Simonds 
purchased  at  Revell's,  and  which  was  found  on  the  Evanston  road 
within  three-quarters  of  a  mile  of  the  place  where  the  body  was 
found,  and  within  a  quarter  of  a  mile  of  the  place  where  the 
clothes  were  found  that  were  worn  by  Dr.  Cronin  on  the  night  he 
left  home. 

"What  other  evidence  do  you  want  to  show  that  that  trunk 
came  out  of  the  cottage  ?  In  that  trunk  was  found  hair.  I  will 
not  exhibit  it;  other  counsel  in  the  case  may;  but  there  was  hair 
there,  and  there  was  a  man  came  here,  who  has  got  bald  on  the 
hair  question,  and^ays  he  cannot  tell  human  hair  from  dog's  hair. 
Why  a  man  should  waste  the  better  part  of  his  life  looking  at 
hair,  and  then  cannot  tell  one  kind  of  hair  from  another,  is  more 
than  I  can  understand.  Why  he  should  go  over  the  country 
lecturing  about  hair  and  giving  instructions  about  hair,  and  then, 
coming  here  to  give  testimony,  to  say  that  he  doesn't  know 
anything  about  hair,  is  more  than  I  can  comprehend. 

"  Now,  take  the  evidence  against  Kunze,  seen  in  the  flat  washing 
his  feet;  seen  on  the  4th;  seen  on  the  10th  and  12th  with  Dan 
Coughlin,  drinking  in  a  saloon,  and  seen  with  O'Sullivan,  in  the 
middle  of  April,  riding,  and  seen  by  Mertes  going  to  the  cottage 
on  the  4th  of  May,  and  saying  to  a  man  under  the  assumed  name 
of  Petowsky  that  he  had  an  unoccupied  bouse  in  Lake  View,  and 
he  might  go  there  and  have  lots  of  fun,  and,  following  that,  that 
his  friend  excused  himself  and  did  not  go.  That  is  Kunze.  P. 
O'Sullivan  talks  to  Mr.  Carlson,  and  says  to  him :  '  Is  the  cot- 
tage rented?'  Then  he  talks  about  Deputies  and  taking  them 
into  the  Brotherhood,  and  his  card  is  presented  while  he  is 
out  of  town.     Then  Coughlin,  with  his  threats,  with  his  desire  to 


420  THE  APPEAL  TO  THE   JURY. 

have  Cronin  slugged;  Coughlin's  motion  for  the  secret  committee; 
Coughlin  whispering  that  Cronin  is  a  spy ;  Coughlin's  charge  to 
Dinan,  '  Don't  say  anything  about  it,  for  Cronin  and  I  are  ene- 
mies;* Coughlin  telling  the  Chief  of  Police,  when  asked  about 
the  man  for  whom  he  hired  the  horse  and  buggy,  that  it  was  Smith 
— all  this  is  sufficient.  The  Chief  asked:  '  Where  did  you  know 
Smith  ?'  and  Coughlin  answered:  '  John  Ryan,  of  Hancock,  sent 
him  to  me.'  When  in  Winnipeg,  Burke  was  asked  to  whom  he 
wrote,  and  he  said :  '  John  Ryan,  of  Flancock,  Mich. — my  friend.' 
Coughlin  said  to  the  Chief:  '  John  Ryan,  of  Hancock,  Mich.,  sent 
him  to  me/ 

"  See  the  connection ;  see  the  arrangements!  Take  Cough- 
lin's statement  that  the  white  horse  and  buggy  were  hired  for  a  man 
named  Smith.  He  was  so  anxious,  so  careful  to  tell  Dinan  not 
to  say  anything  about  it,  because  it  might  get  him  into  trouble; 
yet  he  pretended  to  tell  Capt.  Schaack,  as  proved  by  Whalen, 
that  he  saw  Smith  and  didn't  bring  him  in  when  he  had  instruc- 
tions to  find  him.  He  told  Dinan  that  he  had  worn  out  the 
leather  of  his  shoes  hunting  for  Smith,  and  yet,  when  he  sees  this 
man  who  is  drawing  all  this  trouble  upon  him,  he  didn't  even 
bring  him  to  the  station.     Away  with  the  Smith  story ! 

"  Martin  Burke,  as  soon  as  the  body  is  discovered,  is  found 
in  Winnipeg.  We  find  him  there,  under  an  assumed  name,  on 
his  way  to  Europe.  He  is  brought  back,  under  the  laws  of  extra- 
dition, on  this  charge  of  murder.  For  days  and  weeks  before  he 
could  be  removed,  he  put  the  courts  to  the  trouble  of  investigat- 
ing as  to  whether  he  should  return  or  not.  Martin  Burke 
flies  away  from  Camp  20. 'Martin  Burke  leaves  his  friend  Cough- 
lin, his  friend  O'Suliivan.  He  goes  away  from  his  camp  off  to 
Winnipeg.  He  said  he  had  been  in  Hancocli,  Mich.,  working  for 
Ryan.  If  Burke  rented  the  Carlson  cottage  for  a  lawful  purpose, 
why  should  he  go  to  Winnipeg  and  thence  to  the  old  country.? 
Why  should  he  flee  the  State  of  Illinois  ?  It  is  because  Martin 
Burke  moved  the  furniture  into  the  Carlson  cottage  for  an  un- 
lawful purpose.  It  is  because  Martin  Burke  was  in  the  cottage 
and  dealt  the  blows  that  put  out  the  life  of  Dr.  Cronin;  it  is 
because  his  hands  were  red  with  the  blood  of  a  human  being. 

"  Colleran  testified  that  Martin  Burke  and  Coughlin  were 
together  outside  of  the  lodge.  Colleran  tells  you  that  he  met  him 
on  the  Sunday  night  after  the  discovery  of  the  body,  and  that  he 


THE  APPEAL   TO  THE  JURY.  421 

said  he  had  been  working  in  the  stock-yards,  when,  in  fact,  he 
had  been  in  Joliet." 

"  That  was  before  the  discovery  of  the  bod}^"  interrupted 
Mr.  Forrest. 

"You  are  right,"  said  the  State's  Attorney;  "it  was  just 
before  the  discovery  of  the  body.  Well,  Burke  disappears. 
There  may  be  something  I  have  omitted  in  this  matter.  As  I 
have  said,  the  clothing  was  found  in  the  sewer.  Dr.  Cronin's 
coat,  his  vest,  his  pants,  Dr.  Cronin's  box  of  splints,  Dr.  Cronin's 
satchel  and  instruments,  his  cards — all  were  found  in  this  sewer  on 
the  line  that  that  wagon  was  driven  on  that  fatal  night.  That  is 
beyond  question. 

"  Now,  gentlemen,  I  have  gone  over  the  evidence  as  rapidly  as 
I  could,  and  yet,  at  the  same  time,  kept  it  in  connection  as  I 
understand  it.  There  may  be  a  great  many  things,  and  there 
are,  that  I  have  omitted ;  but  my  intention  has  been  to  keep  your 
minds  directed  to  the  chain  of  circumstances.  And  if  you  want 
to  get  at  this  case,  if  you  want  to  boil  it  down,  if  you  want  to 
write  the  history  of  the  case,  you  are  to  write: 

"  '  I  contracted  for  medical  services  ' — Patrick  O' Sullivan. 
'  I  contracted  for  the  cottage ' — Martin  Burke.  '  I  con- 
tracted for  the  horse  and  buggy  for  my  friend ' — Daniel  Cough- 
lin.  Then  draw  your  line  and  write :  '  Committee  of  Three.' 
"Write  again:  '  I  contracted  for  your  life' — Patrick  O'SuUivan. 
'  I  contracted  for  the  horse  and  buggy  to  drive  5' ou  to  death ' — 
Dan  Coughlin.  '  I  rented  the  cottage  in  which  to  strike  out  your 
life  ' — Martin  Burke,  Write  again:  '  The  committee  reports  to 
the  Senior  Guardian  alone.' 

"  Gentlemen,  I  have  finished.  I  hope  you  will  pardon  me 
for  having  detained  you  so  long.  I  know  how  anxious  you  are, 
while  you  may  be  ever  so  willing  to  sit  here  for  weeks  and 
months,  if  necessary,  yet  you  cannot  help  but  be  anxious  to  be 
with  3^our  families.  Yet,  as  a  duty  you  owe  to  the  public,  as  a 
duty  you  owe  the  defendants,  as  a  duty  to  society,  you  must  be 
patient  until  you  hear  what  the  others  have  to  say  in  this  impor- 
tant case.  For  three  long  months  my  associates  have  held  vip  my 
hands ;  they  have  been  with  me  night  and  day.  They  have  en- 
couraged me.  It  was  necessary  to  have  assistance  in  this  case; 
able  counsel  as  they  are,  it  requires  it.  No  one  knows,  unless  he 
has  had  the  experience,  what  it  is  to  be  left  with  a  case  of  this 
character  on  his  hands.     No  one  knows,  unless  he  has  had  the 


422  THE  APPEAL  TO   THE  JURY. 

experience,  what  it  is  to  get  at  the  bottom  of  a  conspiracy  of  this 
character.  Therefore,  I  have  felt  the  necessity  of  these  men  who 
have  sat  by  me  for  the  last  three  months,  and  I  want  you,  no 
matter  what  may  be  said,  to  feel  that  the  people  of  the  State  of 
Illinois  have  as  much  right  to  demand  the  best  talent  the  city 
affords  as  is  due  to  men  that  come  up  out  of  the  sewers.  While 
these  men  are  able,  men  of  abilit}^,  men  of  standing,  men  of  repu- 
tation, understand  that  this  was  a  terrible  crime;  understand  that 
this  was  a  terrible  conspiracy;  understand  that  the  very  men,  the 
officers  of  the  law,  who  ought  to  have  held  up  my  hands,  were 
divided  against  me;  understand,  that  in  this  case,  men  drawing 
their  salaries  from  the  Police  Department  of  our  city  stood  in 
league  with  the  men  who  struck  out  the  life  of  Dr.  Cronin.  And 
while  I  compliment,  not  as  a  compliment,  but  as  well  deserved  on 
their  part,  these  associates  of  mine  for  their  ability,  don't  under- 
stand that  I  underestimate  Judge  Wing,  and  Mr.  Forrest,  and 
Mr.  Donahoe,  and  Mr.  Foster.  On  the  other  si'de  sit  as  good 
talent  as  was  ever  brought  into  a  court-room.  I  say  it  without 
flattery,  that,  if  these  men  hang  for  the  murder,  they  could  have 
asked  for  no  better  men  to  have  defended  them  than  the  gentle- 
men on  my  left.  Coming  out  of  the  sewer,  coming  out  of  the 
chilly  ice-wagon,  coming  from  the  pay-rolls  of  the  city,  coming 
from  the  bar-room,  coming  from  the  paint  brush — these  men 
have  held  his  honor  and  yourselves  for  over  three  long  months; 
and  if  your  verdict  shall  be  that  they  hang. on  the  scaffold,  they 
cannot  claim  that  they  have  had  no  time  to  call  upon  the  Holy 
Trinity. 

"  Gentlemen,  when  you  come  to  consider  your  verdict,  when 
you  come  to  make  up  your  minds,  when,  as  I  believe  you  will  do, 
you  undertake  to  render  a  truthful  verdict  on  the  law  and  the 
evidence,  I  want  you  to  remember  the  facts  in  the  case.  I  want 
you  to  look  at  this  mountain  of  evidence  that  we  have  been  build- 
ing up  and  up  before  you  until  it  has  risen  high,  un- 
til it  stands  out  with  its  mountain  peaks  illuminated  by 
the  sunshine  of  truth,  until  all  who  are  not  blind  may  see  that 
these  men  are  the  murderers  of  Dr  Cronin.  These  mountain 
peaks  stand  prominently  forth.  This  contract  of  O'Sullivan's, 
this  hiring  of  the  buggy,  this  renting  of  the  cottage,  this  running 
to  Canada;  all  these  point  to  the  fact  that  these  men  are  the 
guilty  ones.     It  stands  up  like  a  mountain  built  of  truth,  as  solid 


THE  APPEAL  TO  THE  JURY.  423 

as  the  granite  hills  against  which  the  Coughlin,  the  Burke,  the 
O'Sullivan,  the  Beggs,  the  Kunze  alibis  cannot  prevail. 

"  1  leave  the  matter  now  in  your  hands.  I  feel  now  that 
the  responsibility  rests  with  you.  I  put  it  in  your  hands,  be- 
lieving confidently,  and  expecting  that  you  will  do  what  your 
best  judgment  dictates.  When  you  come  to  consider  your  ver- 
dict, think  of  the  fourth  day  of  May;  think  of  that  man  gather- 
ing his  little  valise  and  instruments;  think  of  him  bringing  to 
his  bosom  the  cotton  to  relieve  suffering;  think  of  the  splints 
in  the  box;  think  of  his  rushing  out  to  the  buggy;  think  of  his 
crowded  seat;  think  of  him  moving  north  to  relieve  suffering 
humanity.  See  him  enter  as  a  gentleman  into  the  cottage;  hear 
his  cries  of  '  God  '  and  '  Jesus  '  when,  without  giving  him  time 
to  utter  the  other  Trinity  name,  he  was  felled  to  the  floor.  Think 
of  the  wounds  in  his  head;  think  of  the  grave  in  which  he  was 
placed ;  think  of  all  these  in  making  up  your  penalty,  and  may  it 
be  such  a  verdict  as,  when  his  honor  pronounces  judgment  on  it, 
that  he,  having  an  eye  to  God,  may  say:  'May  the  Lord  have 
mercy  on  your  souls.' ' ' 


Chapter  II. 

Judge  Wing's  Discourse — Stating  the  Case  for  Dan  Coughlin — 
'*A  Strangely  Circumstantial  Case  " — The  Famous  Hull  Case 
Cited--A  Word  for  the  Clan-na-Gael — Daniel  O'Conhell  and 
Broad  Patriotism — ''  St.  Bartholomew's  Night  and  the  Fires 
Kindled  by  Calvin  " — A  Careful  Statement  of  the  Evidence 
— The  Distinction  between  Suspicion  and  Proof — An  Elo- 
quent Plea. 

^/UDGE  WING,  who  followed  Judge  Longenecker,  was  a 
surprise  even  to  his  friends.  He  is  a  heavy,  burly  man, 
with  keen  eyes  and  a  rather  austere  expression,  but  he  had 
not  been  speaking  half  an  hour  when  he  had  the  audience 
entirely  with  him.  His  voice  was  exquisitel3^  modulated,  and  his 
matter  was  so  excellently  chosen,  and  so  carefully  worded,  that 
his  speech  in  every  detail  was  a  model,  and,  as  an  hostile  critic  in 
the  newspaper  benches  put  it,  sufficient  in  itself  to  put  him  at  the 
very  front  of  the  criminal  bar  in  the  West. 

He  entered  into  the  case  chiefly  as  it  touched  his  client  Dan 
Coughlin,  and  began  his  address  with  a  frank  statement  of  the 
charge  against  that  prisoner.  "  It  is,"  he  said,  *'  that  he  made  an 
agreement  with  the  men  who  sit  beside  him,  and  with  others,  to 
the  grand  jury  unknown,  to  kill  Dr.  Cronin.  That  is  the  charge 
in  the  case.  To  that  charge  has  been  addressed  all  the  testimony 
that  has  been  admitted  here.  To  the  establishment  and  refutation 
of  that  plain  question  there  has  been,  what  counsel  who  pre- 
ceded me  stated,  a  mountain  of  circumstances  piled  up  before 
you.  More  than  three-quarters  of  a  hundred  of  Irishmen  have 
come  and  contributed  circumstances  to  that  mass.  Over  half  a 
hundred  of  our  German  citizens  have  made  their  contribution  ; 
more  than  a  quarter  of  a  hundred  of  American-born  people  have 
made  their  contribution  to  that  mass  of  circumstances.  Nearly 
all  the  trades,  nearly  all  the  avocations  in  which  men  engage, 
have  had  their  devotees  come  here  before  you  in  the  last  three 

(424) 


THE  APPEAL   TO  THE  JURY.  425 

months  and  contribute  their  portion  to  this  mass  of  proof.  One 
farmer  appeared  and  contributed  his  circumstance.  Thieves  have 
also  come,  and  contributed  their  portion  to  this  mountain  of  cir- 
cumstances. Many  physical  things  have  been  piled  up  before 
you,  ranging  all  the  way  from  the  floor  of  a  cottage  to  a  tiny 
blood  corpuscle.  In  this  mingled  mass  of  circumstances  are  the 
frame  of  a  satchel,  a  lock  and  key,  clothing,  and  locks  of  hair.  It 
all  has  received  the  court's  sanction,  and  has  been  labeled  evi- 
dence by  his  honor,  and  it  becomes  us  to  examine  it.  It  is  all 
circumstantial.  A  strangely  circumstantial  case  this,  your  honor. 
Aside  from  the  fact  of  death,  which  is  proved  by  direct  and  posi- 
tive testimony-,  every  other  fact  rests  alone  upon  circumstances. 
Even  the  time  of  death,  the  place  of  death,  tlie  manner  of  the 
death,  the  mode  by  which  it  was  accomplished,  the  men  who  com- 
mitted it,  the  motives  that  guided  them — every  element  is  sup- 
ported here  by  circumstances,  and  by  nothing  else.  For  a  man 
to  look  at  this  mnss  of  proof,  and  then  to  look  into  his  own  mind 
and  see  what  he  thought  about  it,  what  a  murderous  way  of  treat- 
ing circumstances  against  men  on  trial  for  their  lives.  You  can- 
not dispose  of  circumstances  in  that  way.  You  contracted  with 
the  court  and  with  heaven  that  you  would  try  this  case  not  upon 
mere  belief,  not  upon  conjecture,  not  upon  suspicion  ;  but  that 
you  would  take  these  circumstances,  and  treat  them  and  consider 
them  under  the  rules,  the  well-known  rules  of  law,  which  the 
court  would  announce  from  the  bench.  If  suspicion  is  sufficient 
where  the  proof  is  circumstantial  to  condemn  men,  then  my 
friend  can  strangle  any  five  or  ten  citizens  of  your  great  city.  He 
can  easily  do  it,  because  it  is  the  most  easy  thing  in  nature  to 
extract  suspicion  from  circumstances.  A  man,  a  juror,  a  court 
looks  at  a  mountain  of  circumstances,  and  then  decides  the  case 
by  simply  saying  '  I  believe  it  is  so,'  and  so  violates  the  law,  vio- 
lates his  oath,  because  you  cannot  arrive  at  the  truth  of  a  case 
from  circumstantial  evidence  in  any  such  way.  If  you  could, 
there  would  be  no  difference  between  direct  and  circumstantial 
proof." 

The  Judge  then  went  into  the  law  governing  the  case  of 
circumstantial  evidence : 

"Now,  my  idea  has  always  been,  since  I  have  given  my  at- 
tention to  the  subject,  that  circumstantial  evidence,  if  it  is  used 
in  the  way  the  law  points  out,  the  way  the  jurors'  oath  directs, 


426  THE  APPEAL  TO   THE  JURY. 

the  way  the  court's  official  oath  directs,  if  it  is  used  as  the  law 
points  out,  is  as  satisfactory  a  wa}^  of  determining  disputed  facts  in 
court — as  satisfactory  a  class  of  evidence  as  others." 

He  quoted  the  famous  Hull  case  in  New  York,  where  all  the 
circumstances  pointed  indisputably  to  the  theory  that  Dr.  Hull 
had  killed  his  wife — there  was  motive,  there  were  corroborative 
episodes,  there  was  everything  but  the  truth,  for  Dr.  Hull  was 
innocent,  and  the  negro  who  had  killed  the  woman  subsequently 
confessed  the  crime. 

Coming  from  this  to  the  direct  case  against  Coughlin,  he 
said  : 

"  Much  has  been  told  here  about  the  Clan-na-Gael  Society. 
I  don't  know  how  you  feel  about  it  ;  perhaps  it  makes  but  little 
difference,  but  I  don't  personally  feel  as  though  we  ought  to  con- 
demn, without  remedy  and  without  hope,  a  man  because  he  can- 
not utterly  free  himself  from  all  ties  that  might  bind  him  to  his 
native  land.  I  am  not  certain  that  if.j^ou  and  I  were  in  another 
country  we  would  forget  our  own  State  of  Illinois.  I  do  not  be- 
lieve that  the  mere  fact  that  an  ocean  rolled  between  us  and  our 
own  home  would  entirely  obliterate  those  tender  ties  that  cluster 
around  our  birthplace — our  country.  I  tell  you  that  true  American- 
ism, in  my  opinion,  admits  of  as  much  thought  and  consideraticm 
of  the  destinies  of  other  countries  as  of  our  own.  Why,  I  remem- 
ber in  reading  of  that  man  that  we  all  admire  and  love — Daniel 
O'Connell,  that  when,  after  he  was  elected  in  1830,  he  was  met  by 
a  committee  of  the  Bristol  party  and  told  that  if  he  would  not 
associate  with  the  Abolitionists  that  were  opposing  the  slave  traf- 
fic he  could  have  twenty-seven  votes  upon  every  Irish  question ; 
but  the  great  Irishman  made  this  reply  :  '  Gentlemen,  God  knows 
that  I  speak  for  the  saddest  people  that  the  sun  shines  upon,  but 
may  ray  right  hand  forget  its  cunning,  may  my  tongue  cleave  to 
the  roof  of  my  mouth  if  I  should  ever  for  Ireland  foraet  the 
negro  slave  for  one  hour.'  That  was  the  sentiment  of  the  great 
Irishman,  and  his  sentiment  on  this  point  was  typical.  The  man 
whose  patriotism  is  broad  enough  to  embrace  only  the  State  in 
which  he  lives  is  in  principle  a  secessionist.  The  man  whose  pa- 
triotism is  only  broad  enough  to  embrace  his  own  country  is  not 
the  highest  type  of  manhood  in  my  opinion.  I  admire  the  senti- 
ment of  the  great  Irish  leader  when  he  said  that  not  even  for  Ire- 


THE    APPEAL  TO  THE  JURY.  427 

land  would  he  forget  the  suffering  slaves.  We  are  Protestants, 
gentlemen,  the  most  of  us  are,  as  I  take  it  ;  we  were  born  Prot- 
estants, and  the  fact  that  these  men  on  trial  are  Catholics  has 
been  alluded  to~it  has  been  mentioned  here.  If  I  should  allow 
the  evil  passions  and  prejudices  that  sometimes  arise  in  me  to  con- 
trol me,  and  if  my  brother  Hynes  should  do  the  same,  I  would 
point  to  the  massacre  of  St.  Bartholomew's  night,  and  he  would 
point  to  the  accursed  fires  kindled  by  Calvin.  But  if  we  allow 
our  better  feelings — the  good  angels  of  our  nature  to  prevail,  the 
kindly  feelings  which  are  rarely  absent  from  our  friend  Hynes, 
and  sometimes  present  in  me,  I  hope,  I  would  point  to  that  period 
in  the  world's  history  when  the  hosts  of  barbarians  came  down 
from  the  north,  when  the  light  of  learning  and  the  lamp  of  re- 
ligion was  preserved  by  the  Roman  Catholic  Church  ;  and  he 
would  point  in  language  more  complimentary  than  I  could  com- 
mand to  the  splendid  work  that  Protestantism  has  done  and  is 
doing  in  the  cause  of  charity  and  of  mankind  the  world  over. 
Gentlemen,  do  not  be  led  astray  by  prejudice  or  by  previously 
formed  opinions  ;  let  us  remember  that  the  lives  of  these  men  are 
not  to  be  disposed  of  upon  any  other  grounds  than  the  rules  of  the 
law  of  evidence  which  are  applicable  to  the  circumstances  pre- 
sented before  you." 

He  first  attacked  the  saloon-keeper  Nieman's  story,  and  showed 
how  doubtful  the  witness  himself  was  as  to  the  men  who  had  been 
in  the  saloon,  and  then  opposed  to  this  the  positive  declaration  of 
the  Hylands,  who  had  been  in  the  saloon  the  next  night. 

"  Not  that  alone,  gentlemen.  On  that  particular  night,  it  is 
established  here,  by  testimony  that  establishes  the  fact  as  conclu- 
sively as  ever  testimony  ever  established  any  fact  in  a  court,  that 
P.  O'SuUivan  at  that  hour  was  under  his  own  roof.  You  have 
not  only  got  to  doubt  and  disbelieve  and  reject  the  H3"land  cousins, 
but  you  have  also  to  discredit  and  reject  all  the  people  that  live 
under  his  roof  with  him.  Are  you  going  to  believe  him  to  be  a 
bad  man  to  begin  with — that  he  was  a  heartless  man  ?  Are  you 
going  to  believe,  at  the  mere  invitation  of  the  prosecutor,  that  his 
heart  is  as  cold  as  the  blocks  of  ice  that  he  peddles  about  the  city  ? 
You  have  been  invited  to  believe  that.  It  is  a  falsehood  proved 
by  the  incidents  of  the  trial ;  it  is  so  shown  by  the  testimony  in 
the  record.  No  man  with  a  heart  of  ice,  as  he  is  about  to  retire 
to  his  chamber,  is  called  back  to  be  kissed  by  a  little  child.     Set 


428  THE  APPEAL   TO  THE  JURY. 

that  down.  We  think  that  we  are  cunning  and  smart,  and  that 
we  can  look  in  a  man's  face  and  know  all  about  him,  but  I  tell 
you  the  instinct  of  a  little  child  is  worth  all  your  experience,  all 
your  observation  in  determining  a  good  from  a  bad  man.  No 
man  who  ever  entertained  murder  in  his  heart — deliberate,  willful 
murder,  was  invited  to  press  the  lips  of  a  little  child.  I  tell  you 
that  if  a  man  who  had  it  in  his  heart  to  do  murder  lived  in  3^our 
family,  your  little  child  would  never  ask  him  back,  as  he  started 
to  his  chamber,  for  a  good-night  kiss. 

"  Mulcahey,  Mrs.  Whalen,  Miss  McCormick  and  the  other 
members  of  that  household  told  you  tliat  Patrick  O'Sullivan  was 
in  his  home  that  night  of  May  4th,  and,  being  in  his  home,  of 
course  the  circumstance  fails,  and  fails  absolutely,  that  the  saloon- 
keeper spoke  of.  But  that  is  not  all.  Before  you  can  believe  the 
circumstance  brought  in  here  by  Nieman ;  bef(n-e  you  can  consider 
that  that  is  established  to  your  satisfaction,  you  must  further 
believe  that  the  officers  of  justice— one  of  them  a  policeman  of 
seventeen  years'  standing — have  come  in  here  and  deliberately 
lied  about  it.  He  could  not  be  in  two  saloons  that  evening  at  one 
and  the  same  time.  But  those  officers  are  treated  as  suspects; 
they  are  put  on  trial  by  the  State;  they  are  treated  as  badly  as  if 
they  were  in  the  prisoners'  box.  If  the  people  who  were  wit- 
nesses are  the  people  who  perpetrated  that  murder,  and  the  prose- 
cution is  honest,  why  don't  they  indict  them  and  impanel  a  jury 
to  try  them .?  Try  the  men  in  the  prisoners'  box  for  murder; 
insinuate  and  try  all  the  witnesses  who  speak  on  their  side  of  the 
case  for  murder  I  Oh!  but  it  is  only  one  of  those  things  that  occur 
where  the  testimony  is  circumstantial.  Everything  rests  upon 
suspicion  where  the  evidence  is  circumstantial. 

"  See  what  suspicion  will  do.  It  won't  do,  when  you  are  de- 
termining human  liberty  and  human  life,  to  make  up  your  mind 
about  a  thing  unless  you  have  some  reason  for  doing  so;  some 
pretty  conclusive  reason,  or  you  are  liable  to  err,  to  make  a  mis- 
take that  may  be  fatal.  Now,  this  circumstance  that  this  prose- 
cutor has  asked  you  to  believe  and  act  upon,  that  those  men  were 
in  that  saloon,  is  opposed  by  the  multitude  of  proof  that  I  have 
mentioned.  If  there  was  no  proof  against  it  at  all,  it  is  so  un- 
certain and  doubtful  that,  in  my  opinion,  it  possesses  but  little 
weight  and  should  'not  be  used.  But  when  the  household  tells 
you  that  O'SuUivan  was  not  there,  when  the  officers  tell  you  that 
Dan  Coughlin  was  not  there,  and  when  the  Hyland  men  come  in 


THE  APPEAL    TO  THE  JURY.  429 

and  tell  you  that  they  were  there  and  explain  tlie  whole  tiling, 
why,  it  seems  to  me  that  even  the  public  prosecutor  of  your  county 
ought  to  have  seen  that  the  circumstance  could  not  be  used  in 
any  sort  of  fairness. 

"  There  is  another  circumstance  I  wish  to  speak  of  that  ought 
to  be  rejected  by  the  jury,  and  that  is  the  circumstance  testified 
to  by  thieves,  dishonest  men,  that  Dan  Coughlin  some  two  or 
three  years  ago  entertained  a  feeling  of  hostility  toward  Dr, 
Cronin,  sought  his  injury,  sought  to  do  him  bodily  harm,  and 
set  this  man  Sapipson  as  his  agent  to  inflict  that  harm  upon 
Cronin.  Why  do  I  say  that  ought  to  be  dismissed  ?  I  say  it  for 
this  reason,  that  no  man  can  be  certain  of  a  thing  unless  his  infor- 
mation comes  from  honest  sources.  I  say  it  in  view  of  the  law 
that  denies  a  jury  the  right  of  proceeding  against  his  fellowman 
unless  he  proceeds  upon  certain  and  sure  grounds.  And  liow  can 
a  man  be  certain  of  a  thing  when  the  only  evidence  of  it  comes 
from  the  lips  of  the  confessed  thief  ? 

"What  are  our  most  important  interests?  Life,  liberty, 
family,  honor.  These  and  all  of  these  the  juror  should  be  willing 
to  stake  upon  the  truth  of  his  conclusions,  the  accuracy  of  his 
views,  before  he  can  use  these  conclusions  against  the  man  on 
trial.  How  much  w^ould  you  stake  upon  the  truth  of  the  man 
Sampson  ?  Impudent,  unblushing!  He  stated  at  the  last  to  the 
counsel  who  examined  him  and  frankly  confessed  that  in  the 
whole  category  of  crime  there  was  one  that  he  was  not  guilty  of 
— murder!  " 

Judge  Wing  dismissed  the  testimony  of  the  milkman  Mertes 
quickly  and  almost  contemptuously,  showing  that  his  first  story 
was  true,  and  that  his  second  was  cooked  out  of  the  man's  own 
statements  and  those  of  the  detectives  with  whom  he  had  talked, 
and  the  story  he  had  told  to  the  speaker  himself  of  what  he  had 
seen  and  how  he  had  seen  it. 

Next,  Judge  Wing  took  up  the  white  horse: 

"  Take  the  testimony  of  Mrs.  Conklin  on  the  identification 
of  the  horse.  Can  you  deny  that  it  is  absolutely  valueless  ?  The 
peculiarity  that  the  woman  described  in  tiiat  horse  never  existed 
in  the  world.  You  have  never  seen  it,  and  perhaps  each  of  you 
has  seen  a  hundred  horses  where  that  woman  has  seen  one.  You 
never  noticed  in  all  your  life  such  a  peculiarity  as  she  describes. 


430  THE  APPEAL  TO   THE  JURY. 

The  owner  of  the  horse,  who  has  possessed  it  for  years  and  years, 
never  has  noticed  it.  But  she  had  to  invent  something.  She 
had  seen  a  horse  and  pronounced  it  not  the  horse  that  took  the 
Doctor  away,  and  she  was  under  the  necessity,  if  she  expected 
anybody  in  the  world  to  give  the  slightest  credence  to  her  story, 
to  invent  some  new  thing  about  it.  And  so  she  strikes  this  pecu- 
liarity by  the  aid  of  Mr.  Beck.  I  say  it  is  strange  that  this  woman 
should,  twenty  days  after  the  Doctor  was  taken  away,  discover 
for  the  first  time,  and  for  the  first  time  mention,  a  peculiarity  in 
the  gait  of  the  horse.  Analyze  that  woman's  story,  and  you  will 
find  it  is  replete  with  suspicious  and  doubtful  circumstances.  She 
is  a  wonderful  woman.  Her  descriptive  powers  are  greater  in 
some  particulars  than  those  of  my  learned  and  good  friend  Mills. 
The  adjectives  with  which  she  described  the  horse  are  something 
marvelous  when  you  come  to  study  it.  She  says  that  she  made  a 
two-minute  observation  of  tlie  horse  alone,  standing  by  her  front 
window  gazing  down  on  the  horse  alone,  before  they  started. 
Study  the  circumstances,  study  the  testimony  of  those  two  young 
women  that  were  there,  read  her  own  narrative,  and  you  will  see 
that  there  isn't  a  word  of  truth  in  them.  She  describes  the  mes- 
senger, the  appearance  of  the  riding  of  the  Doctor  and  the  question 
of  the  giving  of  his  coat  and  satchel,  and  splints  and  batting,  and 
the  putting  on  of  his  coat,  and  of  all  the  events  that  were  trans- 
piring there,  all  moving  rapidly." 

He  then  showed  the  probability  that  Budenbender's  statement 
was  true  as  opposed  to  Mrs.  Conklin's,  and  after  thoroughly  dis- 
cussing this  phase  of  the  case  passed  on  to  the  final  mistake 
made  by  the  State,  the  introduction  of  Coughlin's  knives  as 
Cronin's,  of  which  he  made  magnificent  use,  as  every  one  noticing 
the  faces  of  the  jury  could  see. 

Coming  to  the  evidence  in  Camp  20,  Judge  Wing  said: 
"  Let  us  see  if  there  is  a  conspiracy  here  established  beyond 
all  reasonable  doubt  to  which  Daniel  Coughlin  is  a  party.  They 
do  not  claim  that  the  utterances  proved,  the  speeches  made,  the 
declarations  of  the  parties  in  the  camps  at  the  various  meetings 
constitute  any  proofs  of  the  conspiracy,  except  inferentially  and 
by  process  of  reasoning.  I  will  tell  you  that  that  does  not  con- 
stitute any  proof  at  all.  Ever  since  1  have  been  connected  with 
the  trying  of  cases  in  court — mostly  civil  cases,  it  is  true — I  never 


THE   APPEAL  TO  THE  JURY.  431 

heard  presented  as  absurd  a  theory  of  conspiracy  as  the  State 
presents  to  you  in  this  case.  Take  it  for  all  it  is  worth,  give  it 
the  best  application  that  you  can  in  behalf  of  the  State,  solve 
every  doubtful  question  in  their  favor,  violate  the  rules  of  crim- 
inal evidence,  and  only  require  them  to  make  the  case  by  a  pre- 
ponderance of  proof,  and  yet  there  is  a  sorry  failure  on  their 
part  to  establish  any  conspiracy  to  commit  murder.  It  is  an  un- 
natural and  unreasonable  theory  to  begin  with.  There  is  nothing 
to  support  it.  It  is  true  they  had  their  factional  differences.  It 
is  true  that  perhaps  Dr.  Cronin  led  one  faction  and  that  some 
other  person  led  another;  it  is  true  that  that  man  was  disliked  and 
despised  by  half  his  brethren  in  that  society;  it  is  further  true 
that  he  had  his  friends  and  his  idolizers  in  the  other  branch.  It 
may  be  true  that  he  was  the  subject  of  censure,  that  he  was  the 
object  of  criticism;  it  may  be  true  that,  a  short  time  before  he 
met  his  death,  fault  was  found  with  him.  But  what  does  all  that 
prove  ?  Take  their  theory  and  giv6  it  the  most  favorable  con- 
struction possible  to  them,  and  at  the  most  it  only  proves  that  in 
that  camp  there  were  a  number  of  men  who  disliked  Cronin — a 
number  of  men  who  disliked  his  performances  in  his  own  camp,  a 
number  of  men  who  were  inclined  to  censure  him  for  some  sup- 
posed violation  of  their  camp  rules.  That  is  the  most  that  can 
be  made  of  it.  What  kind  of  a  camp  was  it  ?  Its  membership 
ran  from  one  hundred  up  to  two  or  three  hundred.  I  don't  know 
the  full  number,  I  know  that  the  proof  shows  that  forty  men 
were  present  on  the  night  they  say  this  conspiracy  was  planned. 
Whoever  heard  of  such  a  thing  since  the  world  began  ?  Planned, 
too,  they  claim,  under  the  very  eyes  of  his  best,  most  intimate  and 
warmest  friends.  A  man  who  is  now  favored  by  the  prosecution 
and  employed  by  them  was  on  the  very  floor  of  the  hall  where 
they  say  this  most  damnable  crime  was  first  conceived.  A  most 
likely  proposition !  It  is  preposterous  upon  its  face,  unlikely  in 
its  very  aspect.  Who  can  believe  it  ever  occurred  in  that  way  .^' 

Coming  to  the  meeting  in  Camp  20,  on  Feb.  8,  he  said: 
"This  member  of  the  profession  to  which  I  am  proud  to  be- 
long [pointing  to  Beggs]  has  rendered  all  the  service  he  can  to 
the  State  in  disclosing  all  there  was  of  it,  and  there  is  nothing  in 
it  beyond  a  suspicious  circumstance,  and  not  even  that  can  be 
drawn  from  the  matter.  The  prosecutor  speaks  of  a  plot  to  mur- 
der as  if  it  was  an  ordinary  occurrence  in  that  meeting.     Think 


432  THE  APPEAL   TO  THE  JURY. 

of  it,  a  plot  to  commit  murder!  The  prosecutor  said  it  was  de- 
layed by  the  election,  and  that  they  would  have  perpetrated  it 
earlier  but  for  the  election.  Think  of  Coughlin  postponing  a 
murder  by  telephone.  Just  think  of  his  telephoning  to  O'SuUi- 
van  and  saying,  'O'Sullivan,  I  can't  keep  that  engagement  I  made 
with  you  to  kill  Cronin,  because  1  have  got  to  peddle  tickets  for 
an  alderman.'  Then,  think  of  O'SuUivan  answering, 'Well,  no 
matter,  any  time  will  do.'  That  is  the  way  he  treats  the  propo- 
sition to  take  life.  Why,  if  these  men  had  passed  all  their  lives 
in  crimes  of  the  deepest  dye,  they  could  not  have  done  the 
thing  in  the  way  the  prosecutor  treats  it,  and  asks  you  to  believe 
it  was  done.  Make  a  record  of  that  resolution  which  they  print 
and  say  was  a  resolution  of  death.  Read  the  record  of  it.  It 
was  a  resolution  that  barely  carried,  I  should  presume  from  the 
report  of  the  meeting.  Perhaps  the  absence  of  one  man  there  or 
the  presence  of  another  might  have  prevented  it  altogether.  It 
was  such  a  close  question.  Does  any  one  believe  that  human 
life  was  thus  disposed  of  in  a  land  where  there  is  law  ? 

"There  is  another  circumstance  that  tbey  prove,  that  my 
client,  being  in  the  northern  part  of  the  town  during  the  exist- 
ence of  a  political  canvass,  made  some  remarks  in  a  saloon  that  a 
Catholic,  or  a  North  Side  Catholic,  or  a  prominent  Catholic,  if  he 
did  not  shut  up,  would  get  hurt.  That  is  one  of  the  great  foun- 
dation circumstances  of  their  case,  for  which  they  ask  you  to  take 
my  client's  life.  It  was  an  idle  remark — a  disconnected  and  dis- 
jointed remark;  it  only  fell  upon  drunken  ears,  and  has  only  been 
related  here  hy  drunken  lips,  and  yet  they  ask  you  to  strangle  a 
citizen  upon  such  a  thing  as  that.  What  does  it  refer  to  ?  No 
human  being  can  tell.  Suppose  it  referred  to  Cronin  ?  Are  you 
so  constituted  that  you  believe  a  man  who  is  about  to  do  a  deed 
of  murder  would  advertise  it  from  the  housetops,  would  disclose 
it  in  the  grogshop  and  circulate  it  broadcast  in  the  city  ?  Who 
knows  whom  the  remark  referred  to  ?  There  were  several  Catho- 
lics engaged  in  that  contest,  plenty  of  them ;  there  were  plenty  of 
Deputies  and  plenty  of  Protestants,  and  I  ask  you  who  can  say 
on  that  circumstance  whom  it  referred  to.  You  are  not  to  act  upon 
mere  rumor,  but  the  fact  that  you  are  trying  them  upon  that  in- 
dictment. There  is  no  connection  whatever  between  the  two  cir- 
cumstances. The  fact  that  a  man  uses  that  circumstance  against 
a  fellow-being  is  a  violation  of  two  or  three  well-known  rules  of 
law,  for  the  rule  is  that  any  circumstance  not  inconsistent  with  inno- 


THE  APPEAL  TO   THE  JURY.  433 

cence  must  be  dismissed.  It  does  not  take  a  very  bright  man  to  see 
how  a  man  could  make  that  remark  and  yet  not  be  guilty.  Why, 
the  very  man  who  reported  it  and  detailed  it  here  made  a  remark 
in  the  nature  of  a  threat  against  John  Finerty,  and  another  re- 
mark on  the  subject  of  Catholicism,  far  more  suspicious. 

"Now  there  is  another  circumstance  conclusively  established 
here,  which  must  bo  considered,  and  that  is  the  circumstance  tes- 
tified to  by  some  of  the  members  of  the  Clan-na-Gael — a  remark 
made  by  Coughlin  along  in  March,  I  think  it  was,  and  if  I  am 
wrong  about  the  dates,  pardon  me,  for  I  have  a  good  many  facts 
to  recollect.  I  think  it  was  in  March,  however,  but  the  circum- 
stance of  the  testimony  is  this:  That  one  night  Daniel  Coughlin 
said  to  him  that  information  had  been  received  in  Chicago,  pretty 
positive  "information,  indicating  that  they  had  another  spy  there; 
that  Le  Caron  had  a  confederate  in  Chicago — I  think  that  is  the 
exact  language  of  the  witness — and  that  the  indications  were  that 
it  was  Dr.  Cronin.  Well," now,  take  that  statement,  subject  it  to 
these  rules,  and  what  do  you  make  of  it  ?  Could  he  not  have 
made  that  statement  without  being  engaged  in  plotting  the  Doc- 
tor's death  ?  Is  that  statement  inconsistent  with  any  rational  the- 
ory of  innocence  ?  He  was  not  alone,  and  does  the  expression  of 
it  by  him  then  and  there  indicate  that  he  is  guilty  of  taking  Dr. 
•  Cronin's  life  ?  By  no  manner  of  means.  Suppose  you  had  made 
the  statement  yourself?  Supi)ose  that  I  had  made  it?  Suppose 
that  upon  my  ears  fell  such  a  statement,  true  or  false,  it  matters 
not  ?  Suppose  that  I  had  heard  these  things  and  reported  them, 
would  that  be  absolutely  inconsistent  with  any  rational  theory 
of  innocence  ?  Suppose  he  believed  it — there  is  no  proof  that 
he  did,  but  then,  if  he  believed  it,  what  indication  is  it  bf  guilt  ? 
On  the  contrary,  it  possesses  to  my  mind  significant  proof  of 
innocence.  Why,  if  in  his  heart  had  existed  the  bad  design 
of  taking  the  Doctor's  life,  do  you  suppose  he  would  be 
making  those  remarks  about  the  town  ?  Who  ever  heard  of 
a  case  of  that  sort  ?  The  remark  is  a  peculiar  one  perhaps,  but 
thnt  is  the  most  that  can  be  said  of  it.  It  is  not  consistent  with 
the  theory  of  guilt,  for  a  guilty  man  would  not  make  such  a  re- 
mark. But  an  innocent  man  could  also  make  the  remark  if  a 
guiltj^  man  could,  and  all  that  I  contend  is  that  when  that  is  sub- 
jected'to  the  legal  test  it  is  one  of  the  circumstances  of  this 
mountain  of  circumstances  that  must  disappear  before  the  rule. 
It  won't  stand." 


434  THE  APPEAL  TO  THE  JURY. 

Again,  explaining  Coughlin's  statement  to  Dinan  after  May 
4th,  when  the  latter  came  over  to  the  Chicago  Avenue  station  to 
see  Captain  Schaack,  Judge  Wing  said: 

*'  Now  suppose  Coughlin  was  guilty.  Could  he  hold  in  the 
nature  of  things  that  the  livery  stable  keeper  would  beconae 
a  party  to  the  matter,.tliat  he  would  become  an  accessory  after 
the  fact,  that  it  would  be  concealed  and  hidden,  and  that  he 
would  refrain  from  telling  it  ?  He  could  have  no  hope  of  con- 
cealing the  matter  that  way,  but  if  he  was  innocent,  and  believed, 
as  the  majority  of  the  people,  that  the  Doctor  was  not  murdered 
at  all,  but  had  gone  off  on  some  sensational  lark — suppose  he  be- 
lieved as  Judge  Longenecker  said  he  believed,  when  he  thought 
that  Dinan  had  let  his  friend  take  the  white  horse,  does  not  this 
remark  indicate  that  he  did  not  know  what  horse  he  took  and  did 
not  care  ?  Yet  as  quick  as  it  was  suggested  that  Dr.  Cronin  had 
been  murdered,  was  it  not  a  natural  thing  for  Dan  Coughlin  to 
say,  '  Dr.  Cronin  and  I  have  not  been  friends.'  He  stated  it  pub- 
licly, stated  it  openly,  stated  it  frankly,  and  if  he  did  not  state 
it  with  his  own  lips  voluntarily  on  that  occasion  there  could  have 
been  no  proof  here  from  the  mouth  of  a  thief.  Is  not  the  state- 
ment he  made  the  statement  which  would  be  made  by  a  man  who 
was  innocent  of  the  crime  ?  It  is  not  of  such  a  character  that  ift 
is  incapable  of  any  explanation  upon  any  theory  except  that  of 
guilt.  That  is  the  test.  This  circumstance,  before  you  can  es- 
tablish it  against  a  man,  must  not  only  be  consistent  with  the  the- 
ory of  guilt,  but  it  must  be  incapable  of  explanation  on  any 
other  theory.  Now,  the  circumstances  here  do  not  possess  that 
quality.  They  might  excite  suspicion,  and  doubtless  do,  and 
doubtless  did,  and  have,  and  may  continue  to  excite  suspicion, 
but  they  do  not  possess  those  requisites  of  legal  proof  that  war- 
rant a  jury  in  condemning  a  man  on  account  of  them.  That  is 
what  I  contend.  It  may  excite  vehement  suspicion.  It  may  ex- 
cite the  strongest  sort  of  suspicion,  but  it  does  not,  as  I  remarked, 
furnish  that  substantial  and  clear  proof,  free  from  all  serious 
doubt,  that  the  law  requires  to  warrant  the  condemnation  of  a  fel- 
low-mau." 


Chapter  III. 

George  Ingham  for  the  State — A  Powerful  Plea — "  Why  Was 
Dr.  Cronin  Slain  ?  Because  he  was  Condemned  to  Die  ! " — 
The  Prosecution's  View  of  Circumstantial  Evidence — Con- 
spirators and  Accessories — Tracing  the  Plot — Kunze's  Inter- 
ruption— "God  Knows  I  am  Innocent " — Daniel  Donahoe's 
Pleas  for  O'SuUivan  and  Kunze — Analyzing  Motives — Mis- 
taken Identity — What  the  Law  Considers  a  Reasonable 
Doubt — The  Presumption  of  Innocence — The  Duty  of 
Jurors  Individually. 

yITHOUT  any  preliminaries  or  explanations  Mr.  George 
Ingham,  for  the  prosecution,  took  Judge  Wing's  place  and 
began  his  speech.  The  speaker  had  prepared  a  striking 
exordium  for  his  address — a  practice  still  pursued  by  many  emi- 
nent lawyers.  In  his  early  practice  in  criminal  law  Senator  Voor- 
hees  is  said  to  have  kept  constantly  on  hand  a  few  carefully  pre- 
pared openings  for  his  addresses  to  juries,  as  well  as  his  orations 
on  other  occasions.  Mr.  Ingham  began  the  study  of  law  in  the 
county  of  Indiana  where  Senator  Voorhees  entered  upon  his 
career  as  one  of  the  greatest  of  American  orators.  In  opening  his 
speech  he  said: 

"■  The  sanctity  of  human  life  in  America  is  in  the  keeping  of 
the  juries  of  America.  The  law  provides  that  a  man  guilty  of 
murder  shall  be  punished,  but  it  provides  no  method  for  its  own 
enforcement  save  that  which  is  based  upon  the  verdict  of  twelve 
men.  The  jury  comes  from  the  body  of  the  county,  and  so  it  is 
that  the  peace  and  good  order  of  every  community  is  in  the  keep- 
ing of  its  own  citizens.  In  every  criminal  case  the  jurors  hold 
in  one  hand  the  lives  of  the  prisoners,  and  to  a  certain  extent  they 
hold  in  the  other  hand  the  good  name  and  peace  of  the  community 
in  which  they  live — a  responsibility  always  great,  but  it  rises  in 
direct  proportion  to  the  enormity  of  the  offense  under  investiga- 
tion. 

(435) 


436  THE  APPEAL   TO  THE  JURY. 

"  What  responsibility  could  be  greater  than  that  which  rests 
upon  you  twelve  gentlemen  ?  On  the  night  of  May  4th  Patrick 
Henry  Cronin,  a  citizen  of  the  State  of  Illinois,  in  the  peace  of  the 
people,  a  resident  of  this  great  metropolis,  living  in  fancied  secur- 
ity within  the  very  shadow  of  the  Court-house  in  which  you  now 
sit,  was  lured  from,  his  home  on  a  mission  of  mercy;  fired  by  pro- 
fessional zeal  and  moved  by  the  instinct  of  humanity,  which  his 
choice  of  a  profession  indicated,  he  rushed  to  the  assistance  of  a 
suffering  man.  All  unsuspecting,  weighed  down,  disarmed,  as  it 
were,  by  the  very  instruments  of  his  skill  and  of  his  mercy, 
he  rushes  into  the  slaughter-house  prepared  for  his  reception  and 
is  slain.  And  then,  as  though  the  white  face  of  death  itself  were 
not  sufficient  to  satiate  human  hatred,  his  body  is  subjected  to  the 
awful  indignity  and  ignominy  of  burial  in  the  filth  of  a  sewer — 
this  man  to  whom  sacred  burial  in  consecrated  ground  was  a  right 
to  which  he  always  looked  forward.  Gentlemen  of  the  jury,  that 
crime  was  awful  in  its  brutality,  but  its  brutality  is  not  its  start- 
ling feature. 

"  Why  was  Dr.  Cronin  slain  ?  Because  he  was  condemned  to 
die.  Condemned  for  what  ?  For  an  offense  unknown  to  the  laws 
of  the  State  of  Illinois.  Condemned,  executed,  by  whom  ?  By 
a  tribunal  self-constituted ;  a  tribunal  that  was  accuser,  witness, 
judge  and  executioner  at  the  same  time;  a  tribunal  which  hides 
itself  from  the  light  of  day,  which  exists  upon  the  territory  of  the 
State  to  whom  its  members  owe  allegiance;  a  tribunal  hostile  to 
the  laws  of  the  State  you  are  called  upon  to  execute,  and  the  laws 
of  the  State  whose  protection  these  defendants  claim.  Who  would 
have  dreamed  six  months  ago  that  the  thing  were  possible  in  the 
State  of  Illinois  ?  Who  can  say  that  six  months  from  this  day  it 
shall  not  be  repeated  in  the  State  of  Illinois  ?  You  twelve  gentle- 
men who  try  this  case,  that  is  your  responsibility.  Your  oath  in 
this  case  is  to  well  and  truly  try  and  true  deliverance  make  be- 
tween the  people  of  the  State  of  Illinois  and  these  defendants — to 
well  and  truly  try  upon  the  law  and  the  evidence. 

"  The  evidence  in  this  case  is  what  is  called  circumstantial 
evidence.  Judge  Wing  in  his  long  and  able  argument  before  you, 
from  the  beginning  to  the  end  of  it,  dwelt  upon  the  danger  of 
circumstantial  evidence.  The  whole  of  his  argument  was  an  effort 
to  show  that  circumstantial  evidence  was  dangerous.  Then  he 
said  that  the  direct  statements  of  witnesses  ought  to  be  received 


THE   APPEAL  TO  THE  JURY.  437 

with  caution.  If  Judge  Wing  were  right  criminals  would  go  free 
and  laugh  at  the  courts.    No  evidence  would  be  worth  anything." 

But  Mr.  Ingham  maintained  that  no  law  writer  of  note  who 
considered  the  actual  practice  of  the  law,  no  writer  except  a  few 
theorists,  held  any  such  view  of  circumstantial  evidence  as  those 
laid  down  by  Mr.  Wing.  The  very  best  evidence  was  circum- 
stantial evidence — often  better  than  direct  evidence. 

Mr.  Ingham  referred  to  the  case  of  the  murder  of  Mrs.  Hull 
in  New  York  a  few  years  ago.  Judge  Wing  had  cited  the  case  to 
show  that  many  circumstances  pointed  to  the  husband  as  the  mur- 


;/ 


f 

George  Ingham. 

derer,  when  her  real  murderer  was  a  colored  man  named  Chastine 
Cox.  Mr.  Ingham  said  he  had  examined  the  case  and  found  that 
Mr.  Hull,  the  husband,  was  not  convicted  of  the  murder;  he  was 
not  tried ;  that  he  was  not  even  arrested.  Chastine  Cox,  the  colored 
servant,  was  arrested  on  circumstantial  evidence,  and  afterward 
confessed  the  crime. 

Mr.  Ingham  then  read  from  the  law  books  to  show  that  cir- 
cumstantial evidence  might  be  stronger  than  any  other  evidence. 
The  only  thing  that  the  jury  was  to  consider  was  the  plain  truth. 


438  THE  APPP:AL   TO  THE  JURY. 

Did  these  men  lay  unholy  hands  on  Dr.  Cronin  ?  If  they  did  they 
were  guilty  and  must  be  punished.  If  let  go  on  Wing's  argument 
they  might  yet  stand  on  the  street  corners,  and  boast  that  they 
had  killed  a  British  spy,  and  no  human  law  could  touch  them. 
Judge  Wing  took  up  separate  circumstances  and  considered  each 
by  itself.  Anybody  can  take  one  fact  and  tear  it  to  pieces. 
"Why,"  said  Wing,  "suppose  that  O'SuUivan  was  at  that  saloon  at 
ten  o*clock  that  night;  that  does  not  prove  that  he  was  guilty  of 
murder  !  *'  Of  course  it  would  not.  He  talks  about  "Maj." 
Sampson,  and  asks  the  jury  not  to  convict  anybody  on  his  evi- 
dence. Certainly  not.  Nobody  ought  to  be  convicted  on  the 
evidence  of  one  witness.  But  the  Sampson  evidence  showed  the 
hatred  of  Coughlin  for  Cronin.  He  was  not  the  only  witness  on 
that  subject.  He  told  Riley  and  Flynn  that  if  a  certain  North 
Side  Catholic  did  not  keep  his  mouth  shut  he'd  be  done  up. 
Coughlin  himself  admitted  to  Patrick  Dinan  that  he  was  an  enemy 
of  Cronin. 

Mr.  Ingham  explained  the  law  governing  accessories,  and 
said  that  the  man  who  struck  the  blow  was  guilty  of  the  murder 
of  Dr.  Cronin.  The  man  who  assisted  was  guilty  of  murder. 
The  man  who  sat  in  his  office  and  conceived  the  plot  was  equally 
guilty.  The  law  of  conspiracy  was  another  statement  of  the  same 
proposition.  If  any  one  of  the  conspirators  was  in  the  Carlson 
cottage  he  was  guilty;  the  man  who  inaugurated  the  crime  was  as 
guilty,  -even  he  were  at  home  asleep  or  at  the  Chicago  Avenue 
station  or  in  Mat  Dannahy's  saloon. 

Mr.  Ingham  then  took  the  jury  to  the  other  end  of  the  case, 
and  discussed  the  phase  of  design  that  appeared  in  the  acts  of  the 
prisoners.  In  all  the  testimony  in  the  case  there  was  evidence  of 
an  intelligent  design.  Take  Simonds'  purchases  of  Hatfield. 
Simonds  rented  the  flat  for  his  brother,  who  was  going  to  have 
his  eyes  treated.  Yet  there  wasn't  a  pillow-case  on  which  the 
brother  could  lay  his  head,  no  linen  in  which  to  wrap  liis  body. 
Simonds  took  the  first   mattress  shown  him,   the  first  furniture 


THE   APPEAL  TO  THE  JURY.  439 

shown.  One  thing  Simonds  was  particular  about.  That  was  a 
packing- trunk.  He  wanted  a  valise  larger  than  Hatfield  had,  and 
Hatfield  got  him  one.  What  did  he  want  with  them  ?  Now,  look 
a  little  later  on.  Dr.  Cronin's  body  was  found  in  a  trunk  identical 
with  the  one  sold  to  Simonds.  Dr.  Cronin's  clothes  were  found 
in  a  valise  exactly  identical  with  the  one  sold  by  Hatfield. 
Simonds  had  two  things  in  his  mind  when  he  bought  the  furni- 
ture. He  was  thinking  about  the  disposal  of  Dr.  Cronin's  body 
and  of  his  clothes. 

The  flat  at  117  Clark  Street  was  rented.  Simonds  wanted  a 
front  room  and  would  take  no  other.  He  had  to  take  the  whole 
flat.  The  reason  was  that  across  the  street  was  the  office  of  the 
man  whose  body  was  found  in  the  trunk.  The  brother  with  the 
sore  eyes  was  to  be  treated,  and  Dr.  Cronin  was  to  be  called  across 
the  street.  For  some  reason  the  plan  failed.  Perhaps  if  the  lips 
of  the  dead  could  speak  we  could  see  it. 

That  place  was  rented  in  February.  March  20,  Martin  Burke 
rented  the  cottage.  A  sewer  builder  getting  $1.50  a  day,  and  a 
part  of  the  time  out  of  employment,  pays  the  rent  in  advance 
and  does  not  occupy  the  house.  He  lives  elsewhere.  He  rented 
it  for  three  brothers  and  a  sister.  Where  are  the  three  brothers 
and  the  sister  ?  The  broad  ocean  would  not  be  too  broad  to  tra- 
verse— mountains  would  not  be  high  enough  to  keep  them 
away  if  they  were  in  existence.  If  he  had  these  brothers  and  that 
sister  they  would  be  here  to  speak  for  him  in  the  hour  of  his 
trouble.  It  was  a  lie  from  the  beginning  to  the  end.  Did  Burke 
rent  the  cottage  to  live  in  it.?"  The  first  thing  a  man  does  when 
he  rents  a  cottage  in  which  to  live  is  to  get  a  table  to  eat  on  and 
a  stove  to  cook  on ;  but  Burke  had  neither.  The  house  rented  for 
four  or  five  workingmen  hadn't  a  cup  to  drink  out  of.  The  front 
room  was  carpeted  and  some  furniture  put  in  it,  but  nothing  was 
put  into  the  kitchen.  The  house  was  not  rented  to  live  in.  It 
was  prepared  for  a  slaughter-house.  ^ 

Intelligent  human  design  was  apparent  in  the  purchase  of  the 


440        THE  APPEAL  TO  THE  JURY. 

strap.  It  was  bought  to  make  the  trunk  stronger.  Simonds  did 
not  get  a  strong  enough  strap  the  first  time.  The  trunk  was  to 
hold  a  human  bod}-,  and  the  strap  must  be  strong. 

Mr.  Ingham  asked  why  Burke  rented  the  Carlson  cottage. 
Because  the  murderers  had  the  Cronin  contract  in  mind.  They 
must  have  their  slaughter-house  near  where  the  Doctor  might  ex- 
pect to  go.  That  O'SuUivan  knew  Burke,  was  proved  by  Carl- 
son's testimony.  Carlson  went  to  see  O'Sullivan  about  his  tenants. 
That  was  not  denied.  Mulcahey,  O'SuUivan's  sleeping  companion, 
swore  to  that.  Mulcahey  says  that  O'Sullivan  said  he  did  not 
know  Carlson's  tenants;  that's  all  he  heard.  But  Carlson  would 
never  have  inquired  of  O'Sullivan  about  Burke  if  he  hadn't  known 
the  men  were  acquainted. 

"  Burke  rented  the  cottage.  The  furniture  was  arranged  in  it. 
The  most  difficult  problem  was  how  to  get  the  Doctor  there. 
There  is  evidence  in  this  case  from  which  it  can  be  inferred  that 
for  months  Dr.  Cronin  had  been  in  the  shadow  of  death,  and 
knew  it.  Early  in  the  morning  after  his  disappearance  Mr.  Con- 
klin  telephoned  to  O'Sullivan  to  know  if  the  Doctor  had  been 
there.  I  venture  to  say  that  ninety-nine  doctors  out  of  a  hundred 
in  this  city  could  be  away  from  home  all  night  on  serious  or 
emergent  cases,  as  this  was  supposed  to  be,  without  exciting  alarm, 
even  in  their  own  families.  But  you  will  remember  that  Mr. 
Conklin  went  early  Sunday  morning  to  Captain  Schaack,  and  said 
he  knew  Dr.  Cronin  was  dead,  and  demanded  that  search  be  made 
for  him.  He  almost  quarreled  with  Schaack  about  it.  I  can 
understand  how  Schaack  regarded  it.  He  saw  nothing  unusual 
in  the  Doctor's  absence.  And  even  after  Conklin's  explanations, 
he  saw  nothing.  He  was  a  German,  and  knew  nothing  about  the 
violent  factional  and  political  differences  in  Irish  secret  societies. 
I  don't  blame  Schaack. 

"  Then  when  Schaack  refused  to  do  anything,  Conklin  went 
to  Pinkerton's  agency  and  employed  Murray,  knowing  that  he 
would  have  to  pay  him  out  of  his  own  pocket. 

"  This  shows  how  strongly  Dr.  Cronin  felt  the  dangers  that 
hovered  around  him,  for  it  was  from  him  that  the  Conklins  knew 
the  danger,  and    drew  their  apprehensions. 

'^  The  conspirators  knew  how  Dr.  Cronin  felt  about  this,  too, 


THE  APPEAL  TO   THE  JURY.  441 

and  their  most  difficult  problem  was  to  get  him  where  he  could 
be  killed.  How  could  he  be  lured — this  man  who  walked  in  the 
shadow  of  suspicion?  Those  men  who  rented  the  flat  at  117 
Clark  Street  knew  he  could  be  led  into  danger  by  but  one  leading- 
string — that  of  an  appeal  to  his  professional  duty;  That  is  why 
tiiat  flat  was  rented,  and  the  story  about  the  brother  with  sore 
eyes  was  invented  by  Simonds.  They  hoped  to  get  him  up  there 
by  calling  him  professionally.  That  was  the  theory  of  O'Sullivan's 
contract. 

"  The  first  witness  who  had  a  conversation  with  O'Sullivan 
after  the  murder  was  Frank  Murray.  What  does  he  say  about  it  ? 
He  said  he  was  down  town  near  the  court-house  one  day,  and  met 
Justice  Mahoney,  and  asked  him  who  was  a  good  doctor.  Mahoney 
recommended  Dr.  Cronin.  O'Sullivan  asked  Mahoney  to  take 
him  up  and  introduce  him  to  the  Doctor,  which  he  did,  and  the 
contract  was  made.  Murray  went  at  once  to  Mahoney,  and  got 
the  true  story,  and  even  after  that  O'Sullivan's  story  agreed  with 
Mahoney's.     What  is  the  true  story  ? 

"  As  far  back  as  March  20  the  cottage  was  rented.  Soon 
after  that  there  is  a  meeting  of  Dr.  Cronin's  camp.  Mahoney  is 
there  and  O'Sullivan  is  there.  Mahoney  and  the  Doctor  seem  to 
be  on  terms  of  perfect  friendship.  O'Sullivan  sees  an  opportunity 
to  avert  suspicion.  Dan  Coughlin,  he  knows,  is  Cronin's  enemy. 
He  is  Coughlin's  friend.  If  he  goes  to  Cronin  direct,  the  Doctor 
will  ask  him  why  he  doesn't  get  some  physician  who  is  nearer. 
But  if  it  is  made  to  appear  as  a  piece  of  friendship  on  Mahoney's 
part,  suspicion  will  be  averted.  That's  why  O'Sullivan  has  Maho- 
ney go  up  with  him  to  the  Doctor's  to  introduce  him,  although  he 
was  acquainted  with  the  Doctor  before. 

"What  does  O'Sullivan  say  about  this  contract.?  That  he 
had  men  in  his  employ  who  might  meet  with  accidents.  That 
other  people  might  get  hurt  by  his  wagons.  Yet  it  is  m  evidence 
that  none  of  the  men  in  his  employ  had  ever  been  hurt,  or  any 
one  else,  nor  any  damage  suits  brought  against  him ;  and  further, 
that  his  doctor  bills  for  three  years  didn't  amount  to  $10. 

"  And  note,  further,  that  contract  is  that  the  Doctor  shall 
come  when  sent  for;  not  when  called  up  by  telephone,  although 
the  Doctor's  office  was  five  miles,  and  his  house  three  and  a  half 
miles  from  where  accidents  were  most  likely  to  occur,  and  in  case 
of  an  emergency  the  injured  man  might  die  before  that  ten  miles 


442  THE  APPEAL  TO   THE  JURY. 

could  be  traveled  by  horse  and  buggy.  O'SuUivan  is  to  send  his 
card,  so  that  the  Doctor  may  be  sure.     There  is  design  in  this. 

"•  The  contract  is  made.  The  place  for  the  reception  of  the 
victim  is  ready.  Nothing  remains  but  to  get  the  Doctor  there. 
How  is  that  done  ?  On  the  afternoon  of  the  very  day  Dr.  Cronin 
disappeared,  Dan  Coughlin,  a  sworn  officer  of  the  city,  went  to 
Dinan  and  said,  a  friend  of  his  would  call  for  a  horse  and  buggy 
that  night,  and  to  let  him  have  it.  And  who  does  Coughlin  tell 
Chief  Hubbard  this  man  is  ?  That  it  was  a  man  sent  to  him  by 
his  own  brother,  and  John  F.  Ryan,  from  Hancock,  Mich.  And 
who  is  John  F.  Ryan  ?  He  is  the  man  whom  Burke  says  he  was 
with  before  his  arrival  in  Winnipeg,  and  the  man  whom  he  wrote 
to  just  before  he  was  apprehended  there. 

''  What  does  Dan  Coughlin  say  to  Dinan  Monday  morning  ? 
Dinan,  although  he  was  not  allowed  to  say  so  on  the  stand,  was 
evidently  suspicious  that  everything  was  not  right.  The  manner 
of  the  man  who  called  for  tlie  horse,  and  the  fact  of  a  policeman 
in  uniform  calling  Monday  morning  to  inquire  if  the  white  horse 
was  out  Saturday  night,  convinced  him  that  something  was  wrong. 
He  doesn't  go  to  Coughlin  to  ask  him.  He  comes  into  the  station 
to  see  Capt.  Schaack,  and  not  finding  him  runs  across  Coughlin. 

"  Who  spoke  first  ?  Dan  Coughlin.  He  said :  *  Dinan,  what's 
the  matter  ?  You  look  excited.'  '  Nothing  is  the  matter  with 
me,'  replied  Dinan.  '  Yes,  there  is,'  said  Coughlin ;  and  then 
Dinan  asked  him  what  was  meant  by  sending  inquiries  to  his  stable 
about  what  horses  were  out.  Such  a  proceeding  is  contrary  to 
the  usual  custom  and  the  direct  orders  of  Capt.  Schaack.  And 
Coughlin  says:  '  Don't  say  anything  about  that;  it  will  get  me 
into  trouble  if  it  is  known  that  I  had  anything  to  do  with  it;  for 
Cronin  and  I  are  enemies.' 

"  I  can  see  how  a  man  like  Kunze,  or  one  like  Sampson,  might 
say  that.  But  that  a  man  like  Dan  Coughlin,  who  had  worked 
for  years  under  Schaack,  who  knows  the  value  of  truth  when  an 
innocent  man  is  in  trouble,  should  say  that  is  inexplicable  except 
by  Coughlin's  guilt;  except  by  his  knowledge  that  at  that  very 
time  Dr.  Cronin's  body  was  lying  in  the  filth  of  the  catch-basin. 
And  yet  Judge  Wing  turns  to  Longenecker,  and  asks  why  he 
hasn't  brought  in  this  man  Smith.  The  only  man  in  the  city  who 
could  identify  him,  if  there  is  such  a  man,  is  Dan  Coughlin.  Why 
didn't  he  bring  him  iu  ?  Why  when  he  met  him  at  Clark  and 
Michigan  streets,  didn't  he  bring  him  in  ?     I'll  tell  you.    Though 


THE  APPEAL  TO   THE  JURY.  443 

it's  not  in  evidence,  it's  a  fair  inference  that  when  Dan  Coughlin 
saw  the  man  who  got  the  horse  he  told  him  to  skip;  it  was  unsafe 
for  him  to  stay  here  longer. 

"  The  horse  is  hired.  The  man  comes  into  the  barn  about 
seven  o'clock,  and  asks  Napier  Moreland  for  the  horse  that  Dan 
Coughlin  had  engaged.  Moreland  says  he  knows  nothing  about 
it,  he  must  see  Dinan.  He  does  see  Dinan,  and  Dinan  orders 
Moreland  to  hitch  up  the  '  old  gray.'  Moreland  puts  the  harness 
on  the  gray  carriage  horse  instead  of  the  single  gray,  and  Dinan 
directs  him  to  hitch  up  the  single  gray.  The  man  sees  a  chestnut 
horse  being  hitched  up,  and  wants  that.  But  Dinan  sa3^s,  '  No,  I 
know  where  that  horse  is  going;  I  don't  know  where  you  are 
going.'  Then  the  man  asks  for  the  side  curtains.  Dinan  says  it 
will  take  too  long  to  find  them ;  that  it  is  pretty  dark  already,  and 
no  one  will  recognize  him  if  he  doesn't  want  to  be  seen.  What  a 
man  says  at  the  time  of  an  occurrence  is  often  the  most  significant 
evidence.  Dinan  evidently  suspected  something.  He  didn't  like 
his  looks.  Both  he  and  Moreland  say  his  slouch  hat  was  drawn 
down  over  his  eyes ;  he  had  a  light  or  sandy  mustache  and  a  week 
or  ten  days'  growth  of  beard ;  his  boots  were  rusty.  Remember, 
too,  that  this  is  the  description  that  Mrs.  Conklin  gives  and  that 
the  two  McNearney  girls  give.  The  buggy  leaves  Dinan's  stable 
at  7:10.  It  is  seen  driving  north  at  a  good  gait  across  Chestnut 
Street.  About  five  minutes  later  a  buggy  of  exactly  the  same 
description — a  three-quarters  buggy,  with  the  top  up  and  no  side 
curtains — stops  at  the  Conklins'.  That  is  just  the  time  it  would 
take  to  drive  there. 

"I  ask  you,  in  the  name  of  common  sense,  are  not  those  two 
rigs  one  and  the  same  ?  Judge  Wing  says  it  is  possible  they  were 
not.  Mathematically  it  is  possible  they  were  not  the  same  ones. 
Just  as,  mathematically,  it  is  possible  for  a  man  to  go  to  a  vault 
or  safe  with  a  combination  lock  and  open  it  the  first  time  without 
knowing  the  combination.  But  no  man  whose  valuables  are 
locked  in  such  a  vault  lies  awake  nights  worrying  for  fear  that 
possibility  will  happen. 

"Judge  Wing  says  this  possibility  throws  a  doubt  on  the 
identity  of  the  two  rigs.  It  is  not  a  doubt.  It  is  a  mere  conjec- 
ture. It  is  such  a  doubt  as  Judge  Wing  in  an  instruction  drawn 
by  himself  in  another  case,  and  approved  by  the  Supreme  Court, 
says  is  not  a  doubt," 


444  THE  APPEAL  TO   THE  JURY. 

Here  Mr.  Ingham  read  from  a  case  in  the  Illinois  reports  the 
instructions  he  had  referred  to,  with  a  statement  of  what  the  law 
considers  a  reasonable  doubt.  The  instruction  concludes  by  say- 
ing that  a  reasonable  doubt  is  not  one  that  is  conjectural  or  arises 
from  misgivings  or  sensitiveness,  but  must  arise  out  of  the  evi- 
dence and  be  in  fact  reasonable. 

He  then  continued: 

"  In  the  consideration  of  the  evidence  you  are  to  use  your 
common  sense.  The  technical  rules  governing  the  introduction 
of  testimony  is  simply  the  scaffolding.  They  are  there  to  pre- 
vent the  introduction  of  extraaeous  matter;  to  determine  what  is 
evidence.  The  consideration  of  the  evidence  is  left  to  the  jury. 
They  are  to  use  their  sound  business  judgment.  Their  oath  does 
not  give  them  rules  for  its  consideration.  It  only  requires  them 
to  give  a  truthful  verdict. 

"  Now,  if  that  was  all  the  evidence,  would  any  reasonable 
man  doubt  that  there  was  but  one  horse  and  not  two  ?  But  it  is 
not  all.  Mrs.  Conklin  identifies  it  full}^  and  she  had  good  reason 
to  remember  the  circumstance.  When  the  reporter  Beck,  whom, 
for  some  reason,  I  know  not  what,  counsel  has  seen  fit  to  malign, 
drove  the  horse  and  buggy  up  to  Mrs.  Conklin's,  he  left  it  stand- 
ing in  the  same  position  the  driver  did.  He  went  up  and  asked 
Mrs.  Conklin  to  step  to  the  window,  and  when  she  did  her  first 
exclamation  was :  '  Where  did  3^ou  get  that  horse  ? '  She  describes 
it  in  appearance  and  action,  just  as  Dinan  does,  only  he  uses  the 
language  of  horsemen,  and  she  employs  the  language  of  one  not 
familiar  with  horses.  Frank  Scanlan  describes  it  in  the  same 
way.  There  is  a  reason  why  Mrs.  Conklin  should  remember  the 
circumstance.  Frank  Scanlan  has  reason  to  remember  it.  They 
felt  the  next  morning  that  their  friend  had  gone  to  his  death, 
and  the  scenes  of  that  night  are  indelibly  photographed  on  their 
minds.     They  will  never  forget  them. 

"  Budenbender  had  no  reason  to  remember  the  scene.  And 
you  will  remember  tliat  he  says  four  gray  horses  passed  there 
wliile  he  was  watching  this  particular  one,  and  every  one  of  them 
had  dark  legs.  That  was  because  the  electric  light  in  front  of 
the  Windsor  Theater  cast  a  shadow  which  made  them  look  darker 
from  his  side  of  the  street. 

*'  Now,  where  did  that  buggy  go  ?     It  could  go  nowhere 


THE  APPEAL  TO  THE   JURY.  445 

except  to  O'SuUivan's  ice  house  without  exciting  the  Doctor's  sus- 
picion. The  Carlson  cottage  is  close  to  O'SuUivan's.  A  buggy- 
was  seen  to  stop  in  front  of  the  cottage,  and  a  tall  man,  in  appear- 
ance a  gentleman,  got  out,  and,  reaching  for  what  looked  like  a 
satchel  and  a  package,  went  up  the  steps  and  into  the  cottage.  A 
cry  was  heard  and  the  sounds  of  a  struggle,  and  then  all  was 
quiet. 

"  The  buggy  turned  round  and  went  south.  At  9 :30  o'clock, 
or  a  little  before,  the  horse  and  buggy  are  returned  to  Dinan's 
stable.  The  horse  is  wet  as  if  it  had  been  hard  driven.  The 
buggy  is  muddy.  There  is  what  is  described  as  boulevard  mud 
on  the  wheels — mud  from  improved  streets.  The  driver  goes 
out  of  the  barn  across  the  street  to  where  some  workmen  are  at 
work,  and  goes  north.  Soon  after  ten  o'clock  some  one  came 
into  the  barn  and  asked  if  Dinan's  horses  were  all  in. 

"  Martin  Burke  rented  the  cottage  March  20.  He  is  not 
seen  there  again  until  April  20,  when  he  paid  the  rent,  and  not 
again  until  the  night  of  the  murder.  Meanwhile  the  furniture 
purchased  at  Revell's  is  moved  in;  the  bed,  the  mattress,  the  bu- 
reau, the  carpet,  the  trunk — all  is  moved  in.  There  can  be  no 
more  doubt  that  the  cottage  was  prepared  for  the  butchery  of  Dr. 
Cronin  than  that  the  slaughter-houses  at  the  stock-yards  are  pre- 
pared for  killing  animals. 

"  It  was  a  cunningly  devised  plan.  There  were  many  more 
engaged  in  it  than  are  here  on  trial.  The  final  completion  of  the 
plan  failed  because,  as  so  often  happens,  some  of  the  conspirators 
failed  to  do  their  part.  About  1 1 :  30  o'clock  that  night  a  wagon 
centaining  the  trunk  is  seen  on  FuUerton  Avenue,  near  Ashland, 
south  of  the  cottage.  It  is  seen  again  about  twelve  o'clock,  on 
Clark  Street,  just  north  of  FuUerton  Avenue.  That  would  just 
give  them  time  to  have  gone  down  to  the  lake  an(i  to  have  found 
that  the  man  who  should  have  been  there  had  failed  them.  For 
I  have  no  doubt  it  was  the  intention  to  fasten  a  stone  to  the  trunk 
and  sink  it  in  the  lake.  That's  why  Simonds  wanted  a  long, 
strong  strap  when  he  bought  the  trunk  and  furniture  months  be- 
fore. But  this  man  had  failed  them,  and  they  turned  north. 
They  are  seen  at  one  o'clock  at  Edgewater.  And,  notice,  if  they 
had  been  looking  for  the  lake-shore  drive  to  the  city  the  two  men 
would  have  been  on  the  south  side  of  Brjai  Mawr  Avenue.  But 
the  watchman  says  they  were  on  the  north  side.  The  driver 
calls  to  them:  'The  watchman  says  there  is  no  lake-shore  drive 


446  THE  APPEAL  TO   THE  JURY. 

here.'  Notice  it,  '  the  watchman  says' ;  the  two  men  are  put  on 
their  guard. 

''  Turning  down  Evanston  Avenue,  they  came  to  the  catch- 
basin. 

*'  Who  so  likely  to  think  of  the  possibilities  of  a  sewer  as  a 
hiding-place  for  the  body  as  the  man  Burke,  who  had  spent  his 
life  working  in  sewers.  The  body  is  thrown  in.  The  trunk  is 
broken  open,  for  the  key  is  in  the  cottage  under  the  washstand. 
They  drive  on  further,  and  throw  the  trunk  into  the  bushes. 
When  it  is  found  next  morning  by  the  Germans  they  say  there 
was  blood  in  it,  and  that  they  took  a  stick  and  stirred  it  up.  What 
better  evidence  can  there  be  that  it  was  blood. 

"  Further  on  they  throw  the  valise  into  the  manhole.  This 
shows  why  Simonds  bought  both  a  trunk  and  a  valise. 

''What  was  the  next  step  ?  Weeks  afterward,  by  one  of 
those  providential  occurrences,  the  clothes  were  found.  If  it 
were  not  for  that  we  should  have  been  met  with  long  arguments 
about  the  dangers  of  identification.  But  the  clothes  are  found 
right  along  the  course  the  wagon  followed,  forever  disposing  of 
any  argument  for  doubt  as  to  indentification. 

"Burke  is  last  seen  in  Chicago,  so  far  as  known.  May  19. 
Next  he  is  apprehended  in  Winnipeg  on  his  way  to  Ireland. 
Why  go  north  to  the  dominions  of  the  Queen  whom  he  hates  ? 
Flight  is  always  an  evidence  of  guilt.  He  fled  because  he  knew 
he  was  guilty. 

"  These  men  are  defended  here  by  Mr.  Forrest,  whom  I  have 
known  long,  and  who,  in  practice,  if  not  in  theory,  believes  m 
Lord  Brougham's  maxim,  that  a  lawyer  should  know  but  one 
man,  and  that  his  client.  Mr.  Forrest  would  go  through  fire  and 
water  to  serve  his  client.  Mr.  Donahoe  I  have  known  long,  and 
know  him  to  be  both  able  and  earnest.  Judge  Wing  I  have  not 
known  so  long,  but  I  know  he  is  able,  and,  I  believe,  zealous. 
Yet  these  men  have  not  been  able  to  contradict  a  material  point 
in  this  case.  Not  a  single  particle  of  the  evidence  to  which  I  have 
called  your  attention  is  disputed  or  explained  by  any  circumstance. 
Why  ?     Because  it  is  the  truth. 

"There  are  some  things  I  will  now  call  to  your  attention  which 
are  disputed.  One  of  these  is  the  testimony  of  Nieman.  Nieman 
had  just  opened  his  saloon  the  day  before,  and  therefore  would 
be  likely  to  remember  what  happened.  He  says  that  soon  after 
ten  o'clock  that  night,   three   men,   one  of   whom  he  knows  is 


THE  APPEAL  TO   THE  JURY.  447 

O 'Sullivan,  another  he  is  pretty  sure  is  Coughlin,  and  the  third 
he  thinks  is  Kunze,  were  in  his  saloon.  One  of  them,  in  a  German 
accent,  called  for  beer.  The  others  suggested  wine.  These  three 
men  went  out  together.  About  that  time,  a  little  after,  the 
German  gardener,  Wardell,  as  honest  a  man  as  was  ever  on  the 
witness  stand,  says  he  saw  two  men  go  north  on  Ashland  Avenue 
and  enter  the  cottage.  They  were  Dan  Coughlin  and  P.  O 'Sulli- 
van, who  were  going  there  to  help  carry  out  the  trunk  containing 
the  body.  The  third  man,  Kunze,  had  gone  for  the  horse  and 
wagon.  This  evidence  is  given  by  men  who  haven't  a  particle 
of  interest  in  swearing  to  anything  but  the  truth.  How  is  this 
met  ?  By  the  testimony  of  the  two  Hylands,  who  say  they  were 
with  O'Sullivan  the  next  night  at  that  saloon.  They  thus  admit 
tliat  O'Sullivan  was  there  some  night  about  that  time.  But 
Nieman  has  seen  one  of  the  Hylands,  and  he  says  he  never  saw 
him  in  his  saloon.  Nieman  says  further  that  the  man  who  called 
for  beer  spoke  with  a  German  accent.  The  Hylands  never  spoke 
with  a  German  accent  in  the  world.  Besides,  Nieman  says  that 
Sunday  night  there  never  were  as  few  as  three  men  in  his  saloon 
at  one  time. 

"How  else  is  this  met  ?  By  the  testimony  of  Mulcahey,  who 
came  to  O'SuUivan's  a  total  stranger  in  April,  and  slept  in  the 
same  bed  with  O'Sullivan  from  the  first  night.  Mulcahey  is  a 
very  convenient  witness.  He  testifies  in  O'SuUivan's  behalf  as 
to  a  surprising  number  of  circumstances.  Mulcahey  says  O'Sulli- 
van was  in  bed  with  him  at  that  hour.  Mrs.  Whalen,  O'SuUivan's 
cousin  by  marriage,  and  his  sister  say  O'Sullivan  was  in  bed  at 
that  hour.  I  think,  as  between  Nieman  and  Wardell,  without 
any  interest  in  the  case,  and  Mrs.  Whalen  and  her  sister,  related 
to  O'Sullivan,  and  Mulcahey,  his  employe,  it  is  not  hard  to  deter- 
mine which  are  the  credible  witnesses, 

"What  is  the  evidence  against  Kunze  ?  He  is  an  old  friend 
of  Dan  Coughlin.  He  is  first  heard  of  working  up  a  distillery 
case  with  Coughlin.  I  do  not  know  how  much  of  a  detective 
Kunze  is.  He  was  seen  at  117  Clark  Street,  apparently  at  home, 
washing  his  feet.  He  is  identified  there  by  young  James.  His 
connection  and  association  with  the  other  defendants  is  shown. 
He  told  a  companion  long  before  Dr.  Cronin's  body  was  found 
that  he  expected  to  be  arrested  for  the  murder.  Why  ?  Because 
he  was  guilty. 


448  THE  APPEAL  TO   THE  JURY. 

The  Defendant  Kunze — "  Why,  because  he  told  me  that." 
Mr.   Ingham  (resuming) — "  Because  he   knew  the  business 


The  Defendant  Kunze — "  God  knows  I  am  innocent,  sir." 

Mr.  Ingham — "  Now,  what  is  the  connection  between  these 
defendants  and  these  events?  All  tliese  men,  except  Kunze,  were 
members  of  Camp  20  to  start  with.  Does  it  just  happen  that 
Coughlin  hired  the  horse?  Does  it  just  happen  that  Burke 
hired  the  cottage?  Judge  Wing  said  the  motive  for  this  murder 
was  no  ordinary  one.  He  is  right.  It  was  not  personal  hate  ;  it 
was  political  hatred.  It  is  in  evidence  that  the  second  morning 
after  the  murder  Dan  Couglilin  said  he  and  Dr.  Cronin  were 
enemies ;  that  if  his  connection  with  the  white  horse  were  known 
it  would  get  him  into  trouble;  and  yet  Dr.  Cronin  was  not  gener- 
ally known  to  be  dead  at  that  time.  When  Burke  took  the  iron 
box  to  be  soldered  he  engaged  the  man  who  did  the  work  in  con- 
versation, and  said  that  Dr.  Cronin  was  a  British  spy,  using  in  con- 
nection with  it  an  oath.  O'SuUivan  told  Mrs.  Farrar  that  'they 
say  he  was  a  British  spy  and  gave  away  the  secrets  of  an  order 
to  which  he  belonged,  and  a  man  who  would  do  that  ought  to  be 
killed.' 

"  How  did  this  originate  ?  Because  Dr.  Cronin  charged  the 
ex-executive  with  embezzlement  and  with  sending  innocent  men 
to  wear  away  their  lives  in  English  prisons.  With  the  truth  or 
falsity  of  that  charge  this  case  has  nothing  to  do.  But  history  de- 
mands vindication,  and  by  the  death  of  Dr.  Cronin  those  charges 
are  proved  true.  In  order  to  seal  his  mouth  they  murdered  him. 
They  covered  his  body  with  the  filth  of  the  sewer  and  his  mem- 
ory with  the  epithet  of  traitor.  They  slew  him  after  branding 
him  a  traitor  to  nerve  dupes  to  his  murder. 

"I  iiave  said  all  I  think  it  necessary  to  say.  All  I  ask  is  that 
you  give  this  case  a  fair  and  earnest  consideration.  Satisfy  your 
own  consciences,  and  the  rest  of  us  will  be  satisfied." 

Following  Ingham  came  Daniel  Donahoe,  the  attorney  for 
O'Sullivan  and  Kunze. 

Mr.  Donahoe  was  severe  on  Mr.  Hynes,  and  charged  much 
of  State's  Attorney  Longenecker's  strong  denunciation  of  the  wit- 
nesses for  the  defense  to  the  promptings  of  counsel  hired  by  per- 
sons who  wanted  to  see  the  prisoners  persecuted.     The  speaker 


_    £  APPEAL  TO   THE  JURY.  449 

said  that  (jrcorge  Ingham  was  the  brainiest  lawyer  on  the  other 
side,  and  that  Mills  and  Ingham  had  only  doife  their  duty  as  law- 
yers. He  frequently  alluded  to  the  cheap  wit  of  Mr.  Hynes,  but 
that  gentleman  did  not  resent  it.  From  time  to  time  Hynes  made 
some  pertinent  or  impertinent  corrections  of  Mr.  Donahoe's 
statements  concerning  the  testimony,  however,  and^  the  orator 
was  sometimes  considerably  embarrassed  by  the  interruptions. 

Mr.  Donahoe  was  voluminous  in  his  citations  of  authority; 
but  his  citations  were  wonderfully  apt,  not  only  in  their  relation  to 
the  legal  points  involved,  but  in  the  language  in  which  they  were 
couched.  If  Mr.  Donahoe  lacks  the  ability  to  state  a  matter  in 
the  finest  language  possible,  he  has  the  power  of  discrimination  to 
know  when  another  has  done  it.  Many  of  his  citations  were 
models  of  elegant  diction.  By  the  exercise  of  this  discrimination 
he  was  enabled  to  relieve  his  citations  from  that  dryness  and  lack 
of  interest  which  in  the  hands  of  so  many  lawyers  they  always 
have. 

When  the  court  opened  in  the  morning  the  table  in  front  of 
Lawyer  Donahoe  was  piled  with  law  books.  Bulky  pads  of  type- 
written testimony  flanked  the  heavier  ordnance,  and  other  war- 
like preparations  indicated  that  Mr.  Donahoe  had  not  come  for  the 
amusement  of  the  jury. 

"  There  is  no  duty  more  pleasant  to  the  lawyer,"  he  began, 
"  than  to  defend  the  innocent.  My  heart,  therefore,  is  as  light  as 
a  bride's  to-day.  I  come  undeterred  by  the  slurs  and  cheap  wit 
that  have  been  hurled  at  my  clients  by  one  of  the  lawyers  for  the 
prosecution." 

Mr.  Donahoe  continued  to  face  the  jury,  but  his  right 
hand  got  around  behind  him  and  pointed  at  W.  J.  Hynes.  Mr. 
Donahoe  asked  the  jury  to  lay  aside  all  prejudice  against  his 
clients,  and  then  he  explained  how  he  came  to  be  the  attorney  for 
O'Sullivan  and  Kunze.  The  court  had  appointed  him  to  defend 
Kunze  because  the  defendant  was  without  money. 

Mr.  Donahoe  then  took  up  the  evidence  against  his  clients, 


450        THE  APPEAL  TO  THE  JURY. 

The  first  circumstance  to  which  he  called  attention  was  the  testi- 
mony of  young  Jamf  s,  that  Kunze  slept  at  1 1 7  Clark  Street. 

"  Are  you  satisfied  of  that  beyond  a  reasonable  doubt  ?"  asked 
the  lawyer.  "  Did  he  drive  the  horse  to  the  Carlson  cottage  ? 
Did  he  go  to  Nieraan's  saloon  ?  Are  you  satisfied  beyond  a  rea- 
sonable doubt  that  these  allegations  are  true .?" 

The  speaker  then  quoted  James'  testimony  at  tedious 
length,  and  pointed  out  minute  discrepancies  in  it. 

"  Yet  on  this,"  he  exclaimed,  in  close  imitation  of  Judge 
Wing,  "you  are  asked  to  take  this  young  man's  lifel" 

Mr.  Donahoe  then  asked  what  motive  Kunze  would  have 
for  killing  Dr.  Cronin.  It  did  not  appear  in  evidence  that  Kunze 
had  ever  heard  of  Dr.  Cronin  until  after  May  4.  It  was  said 
that  Kunze  knew  Daniel  Coughlin.  Coughlin  and  Kunze  went  to 
Peoria.  They  were  seen  together  in  Lake  View.  But  Capt. 
Schaack  introduced  Kunze  to  Coughlin.  They  were  working 
together  in  a  distillery  case.  Nothing  in  their  intimacy  pointed 
to  Kunze's  guilt. 

Mr.  Longenecker  said  that  Kunze  had  painted  the  floor.  It 
was  a  wild,  crazy  assertion.  Where  was  the  evidence  that  Kunze 
painted  the  floor  ?  Is  that  a  fair  way  to  treat  a  man  who  is  on 
trial  for  his  life.?  When  did  Kunze  enter  the  conspiracy  to 
kill  Dr.  Cronin  ?  It  was  not  claimed  that.  Kunze  and  O'Sullivan 
were  at  the  meeting  of  Camp  20  on  the  night  of  Feb.  8.  When 
did  they  enter  the  conspiracy  ? 

Mr.  Donahoe  thought  Nieman  was  honest  in  thinking  that 
Kunze  and  O'Sullivan  were  in  his  saloon  Saturday  night.  May  4. 
But  he  was  mistaken.  There  was  no  doubt  that  O'Sullivan  was 
in  Nieman's  saloon  either  Saturday  or  Sunday  night.  Nieman's 
testimony  was  read  through  and  commented  on  in  a  very  dis- 
paraging manner. 

Mr.  Donahoe  agreed  with  Judge  Wing  that  in  nothing  was  a 
jnan   so   liable   to   be   mistaken   as   in   the   matter  of    identity. 


THE   APPEAL  TO  THE  JURY.  451 

Nieman  was  mistaken.  So  was  Mertes.  But  it  was  argued  that 
because  Mertes  was  a  German  he  had  told  the  truth. 

Mr.  Donahoe  then  read  from  law  books  two  instances  of 
mistaken  identity  in  civil  cases.  He  told  the  jury  of  other  cases 
that  had  come  under  his  own  observation,  and  incidentally  told 
how  two  of  his  clients,  though  innocent,  had  been  sent  to  the 
penitentiary.  In  eaeh  of  the  cases  cited  the  witnesses  had  been 
mistaken  in  the  identity  of  persons  about  whom  they  testified,  and 
the  court  and  jury  had  been  deceived.  From  these  cases  Mr. 
Donahoe  argued  that  Nieman  and  Mertes  might  have  been 
mistaken.  He  asserted  that  the  testimony  of  James  was  not  such 
as  warranted  the  jury  in  reaching  the  conclusion  that  Kunze  was 
in  the  Clark  Street  flat.  Mertes'  testimony  did  not  make  it 
positive  that  he  saw  Kunze. 

Mertes  said  he  had  never  seen  the  young  man  before. 
Mertes  said  the  man  he  saw  was  about  twenty  j^ears  old  and  had 
a  smooth  face.  The  lawyer  ventured  a  guess  that  Kunze  was 
more  than  twenty  years  of  age,  and  the  witness  Fralich,  who 
employed  Kunze,  said  he  had  a  mustache.  But  Mertes  says  he's 
certain  the  man  was  Kunze.  He  says  he  saw  Kunze  five  minutes. 
Mertes  told  Mr.  Wing  that  he  could  not  tell  whether  Kunze  and 
Coughlin  were  the  men  he  saw  that  night.  He  did  not  know 
whether  it  was  clear  or  cloudy.  The  truth  was  then  uppermost  in 
the  man's  mind.  But  he  came  into  court  later  and  told  a  different 
story. 

The  story  of  the  Hy lands  was  recalled,  and  the  speaker 
insisted  that  O'Sullivan  went  to  the  saloon  May  5.  But  Mr. 
Ingham  claimed  that  the  O'Sullivan  household  and  the  Hylands 
had  sworn  falsely.  Because  the}'  were  friends  of  O'Sullivan,  was 
that  a  reason  why  they  should  swear  to  a  lie  ?  Mr.  Ingham  said 
it  was.  The  State  claimed  that  Coughlin,  O'Sullivan  and  Kunze 
had  just  killed  the  Doctor  and  packed  his  body  in  a  trunk.  They 
then  went  to  get  a  drink.  They  didn't  drink  much  after  com- 
mitting so  terrible  a  crime.     Mr.  Donahoe  went  over  the  Hylands' 


452  THE    APPEAL  TO  THE  JURY. 

testimony  as  well  as  that  of  the  other  witnesses  on  this  point,  and 
claimed  that  its  preponderance  was  in  favor  of  the  claim  of  the 
defense  that  O'SuIlivan  was  at  Nieman's  saloon  on  the  night  of 
May  5.  That  swept  away  one  link  of  the  testimony.  When  one 
link  was  missing  in  the  chain  of  circumstantial  evidence  for  the 
State  the  case  must  fail. 

0*Sulliva'n's  case  then  had  the  attorney's  attention.  He  said 
that  if  O'SuIlivan  was  not  at  home  the  night  of  May  4,  all  the 
witnesses  in  the  O'SuIlivan  household  had  lied.  The  witnesses 
who  went  away  from  the  O'SuIlivan  house  and  played  cards  were 
followed  by  the  speaker  through  the  minutest  details  of  their 
testimony.  They  came  home  about  10:30  o'clock.  They  found 
Mulcahey  and  O'SuIlivan  there.  At  that  hour  Nieman  says 
O'SuIlivan  was  in  his  saloon.  If  he  was  not  there,  then  Coughlin 
and  Kunze  were  not  there.  The  logic  was  irresistible.  Three 
witnesses  testified  to  the  same  fact.  They  saw  Coughlin  down- 
town. He  was  not  in  Nieman's  saloon  at  that  hour.  If  Coughlin 
was  not  there  O'SuIlivan  was  not  there. 

It  was  said  that  Kunze  changed  his  name.  It  did  not  follow 
that  because  Kunze  changed  his  name  and  earned  his  bread  by 
the  sweat  of  his  brow,  he  was  in  a  conspiracy  to  murder  a  man 
he  had  never  heard  of.  Kunze  did  not  run  away.  The  proof 
showed  that  somebody  had  told  him  the  police  wanted  him  in 
connection  with  the  Cronin  murder,  but  he  remained  in  town. 
It  was  said  that  Kunze  painted  the  floor.  The  "  pancake"  witness 
testified  that  Kunze  asked  him  to  go  up  into  Lake  View  to  his 
mother's  house,  and  they'd  eat  pancakes  and  have  a  good  time- 
Such  wild  statements  could  not  be  considered;  they  in  no  way 
affected  the  guilt  or  innocence  of  Kunze. 

The  telephoning  of  Coughlin  and  O'SuIlivan  was  explained 
by  the  incident  sworn  to  by  Mulcahey,  when  he  testified  that 
Coughlin  inquired  of  the  whereabouts  of  Kunze,  and  told  O'SuIli- 
van to  telephone  him  if  he  ascertained  where  the  young  man 
lived. 


THE  APPEAL   TO  THE  JURY.  453 

"  Is  there  any  evidence  in  this  case  that  Knnze  ever  knew  Dr. 
Cronin  or  Burke  or  Beggs — that  he  ever  talked  with  O'Sullivan? 
No.  Yet  Kunze  is  said  to  be  in  the  conspiracy,  and  you  are 
asked  to  take  his  life. 

"Passing  upon  the  guilt  of  my  client,  John  Kunze,  you  must 
remember  his  connection  depends  upon  the  question  of  identity. 
The  man  Nieman  says  the  three  men  were  in  his  saloon  about 
twenty  minutes.  He  had  an  ample  opportunity  to  see  and  know 
them,  and  yet  he  refuses  to  swear  positively  that  it  was  Kunze; 
he  would  not  express  an  opinion  at  all  if  he  were  not  pressed  to 
do  so.  On  the  other  hand,  young  James,  who  only  saw  him  for  a 
short  time,  and  then  at  a  distance  of  about  a  hundred  feet,  swears 
positively  that  it  was  Kunze.  You  can  see  from  a  comparison  of 
these  two  witnesses  the  value  of  such  evidence  as  that  of  James. 
Can  the  identification  be  said  to  be  complete  on  such  testimony  as 
this  ?" 

Mr.  Donahoe  then  read  from  the  report  of  the  well-known 
Webster  case  the  rule  as  to  what  the  law  considers  a  reasonable 
doubt.  Under  this  rule  he  said  the  jury  could  not  convict  on 
the  doctrine  of  chances — that  it  is  more  probable  that  the  defend- 
ant is  guilty  than  that  he  is  not.  "Are  you  going  to  convict  this 
young  man  on  the  imperfect  identification  made  here .?"  asked 
Mr.  Donahoe,  "for  that  is  all  there  is  against  him." 

"The  brains  of  the  prosecution  says  that  if  you  are  convinced 
as  men,  you  are  convinced  as  jurors;  that  if,  sitting  at  home 
reading  the  testimony,  you  could  say  you  were  convinced  of  their 
guilt,  you  can  say  as  jurors  that  they  are  guilty.  Such  is  not  the 
law.  If  it  were,  why  administer  to  you  the  oath  ?  You  may  be 
convinced  as  men  and  not  as  jurors.  You  must  consider  the 
evidence  under  the  unbending  rules  of  law. 

"  Mr.  Ingham  asks  you:  'Can  you  reasonably  believe  these 
men  innocent  under  the  evidence  ? '  You  have  nothing  to  do  with 
their  innocence.  You  may  be  convinced  to  a  moral  certainty 
that  they  are  not  innocent,  and  yet,  under  your  oaths,  you  must 
find  them  not  guilty.  The  presumption  of  innocence  must 
remain  thoughout  the  consideration  of  the  case.  You  are  not 
called  upon  to  find  upon  any  theory,  reasonable  or  unreasonable, 
that  these  men  are  innocent.     You  are  called  upon  to  determine, 


454  THE  APPEAL   TO  THE  JURY. 

not  their  innocence,  but  their  guilt;  and  that  guilt  must  be 
established  beyond  a  reasonable  doubt." 

Mr.  Donahoe  read  a  number  of  authorities,  taken  largely 
from  the  reports  of  the  Texas  Court  of  Appeals,  to  establish  this 
proposition.  He  then  proceeded  to  the  duty  of  jurors  individually 
in  considering  the  case.  The  effect  of  these  authorities  was  that 
each  juror  must  act  for  himself;  that  a  verdict  must  be  the 
concurrence  of  twelve  minds  acting  individually,  and  not  an 
agreement  arising  from  preponderating  force  of  some  minds  over 
others,  either  because  of  superior  strength  or  number. 

"Each  one  of  you,'*  said  Mr.  Donahoe,  "must  act  on  your 
own  conscience, your  own  manhood." 

The  question  of  circumstantial  evidence  and  the  law  in  rela- 
tion to  it  were  then  discussed  b}^  Mr.  Donahoe  very  fully.  He 
cited  a  number  of  authorities  supporting  his  main  argument  on 
this,  which  was  that  every  circumstance  in  the  chain  of  circum- 
stances from  which  the  jury  is  expected  to  draw  the  conclusion  of 
guilt  must  be  proved  beyond  a  reasonable  doubt.  The  whole 
case  could  be  no  stronger  than  its  separate  parts. 

"  To  proceed  from  unsatisfactorily  proved  points,"  he  said, 
"  would  be  to  reach  unsound  conclusions." 

He  warned  the  jurors  that  they  must  accept  the  testimony  of 
witnesses  as  to  facts,  where  there  was  great  public  interest  in  the 
case,  with  caution,  and  read  a  number  of  authorities  to  show  that 
this  was  a  rule  laid  down  by  more  than  one  Supreme  Court. 

Continuing,  Mr.  Donahoe  said: 

"  I  apprehend  that  the  contract  will  be  considered  one  of  the 
material  links  in  the  chain  of  circumstances.  If  so,  it  must  be 
proved  to  a  moral  certainty — beyond  a  reasonable  doubt — that 
when  my  client,  O'SuUivan,  made  it,  he  made  it  with  a  criminal 
mind;  that  he  made  it  to  be  used  as  a  scheme  or  device  to  com- 
pass the  death  of  Dr.  Cronin. 

"  Mr.  Ingham  says  these  men  were  all  members  of  Camp  20. 
Until  the  beginning  of  this  trial  I  never  knew  anything  about 
the  Clan-na-Gael,  and  don't  know  now  except  what  I  have  heard 


THE  APPEAL  TO  THE  JURY.  455 

in  evidence  here.  And  from  that  evidence  it  does  not  appear 
that  it  was  an  illegal  organization  ;  it  does  not  appear  that  the 
men  who  belonged  to  it  were  other  than  hard-working  men,  who 
earned  their  living  by  the  sweat  of  their  brows.  But  it  isn't 
shown  that  O'Sullivan  ever  met  Beggs  ;  it  isn't  shown  that,  he 
ever  met  Burke  except  from  the  evidence  of  the  old  man  Carlson, 
to  which  I  shall  refer  later.  But  Ingham  says  'they  belonged  to 
Camp  20.'  Why,  Capt.  O'Connor,  one  of  the  props  of  the  prose- 
cution, although  a  member  of  Camp  20  himself,  says  he  never 
met  or  saw  O'Sullivan  until  after  May  4.  So  that  the  mere  fact 
of  membership  of  Camp  20  is  nothing.  Yet  it  is  said  they  are 
members  of  Camp  20,  therefore  sweep  them  from  the  face  of  the 
earth.  The  public  prosecutor  does  not  say  so,  but  the  man  hired 
by  the  enemies  of  these  men,  themselves  members  of  Camp  20, 
says  that.     Think  of  that  statement  from  such  a  source." 

Mr.  Donahoe  then  dwelt  at  some  length  on  the  question  of 
intent  as  a  necessary  element  to  crime.  He  read  some  very  apt 
authorities  on  this  point,  concluding  by  saying  that  a  criminal  in- 
tent must  be  shown  in  the  contract,  or  his  client  should  be  set 
free. 

Then  the  question  of  motive  was  taken  up.  "  It  does  not 
appear  in  this  case,"  said  Mr.  Donahoe,  "  that  my  client  O'Sulli- 
van ever  said  a  word  against  Dr.  Cronin,  except  possibly  as 
shown  from  the  testimony  of  Mrs.  Farrar,  to  which  I  shall  come 
later.  The  evidence  does  not  show  that  they  were  friendly,  so 
far  as  the  casual  acquaintance  between  them  permitted.  The 
prosecution  says  the  motive  grew  out  of  the  charges  made  by  Dr. 
Cronin  that  somebody  had  embezzled  the  funds  of  the  order. 
O'Sullivan  had  nothing  to  do  with  that  matter.  That  could  not 
have  been  his  motive.  He  had  no  other.  And  yet  the  question 
of  motive  is  important.  While  it  is  not  necessary  to  show  a  mo- 
tive, the  absence  of  one  is  suggestive." 

Mr.  Donahoe  then  began  an  exhaustive  review  of  the  evi- 
dence against  O'Sullivan.  The  contract,  he  contended,  was  a 
perfectly  innocent  affair,  entered  into  in  good  faith,  publicly 
made,  and  publicly  spoken  of.  If  there  was  the  conspiracy  the 
prosecution  claims,  this  would  have  been  kept  secret. 


456  THE   APPEAL  TO  THE  JURY. 

Of  Mrs.  Farrar's  testimony  he  said  that,  while  she  was  un- 
doubtedly honest,  her  testimony  was  undoubtedly  colored  by  the 
tense  interest  in  the  case  she  confessed  she  felt.  On  direct  testi- 
mony she  said  O'Sullivan  said  of  Dr.  Cronin  that  ''  they  said  he 
was  a  British  spy — that  he  gave  away  the  secrets  of  an  order  to 
which  he  belonged,  and  got  no  more  than  he  deserved."  But 
on  cross-examination  she  said  she  didn't  know  but  what  he  said 
"  the  papers  sa3^"  this  of  Dr.  Cronin.  But,  even  admitting  her 
direct  testimony  to  be  the  fact,  that  didn't  prove  nor  tend  to 
prove  either  O'Sullivan's  guilt  or  his  connection  with  the  con- 
spiracy, if  there  was  one. 

O'Sullivan's  words  and  actions  immediately  after  the  disap- 
pearance of  the  Doctor  and  following  the  discovery  of  the  body 
were  analyzed.  To  Murray,  the  Pinkerton  detective,  O'Sullivan 
spoke  freely  of  his  contract  ;  nay,  more,  he  went  with  Murray  to 
Justice  Mahoney.  He  was  at  the  Conklins'  in  the  afternoon  of 
May  5.  When  Mrs.  Conklin,  speaking  of  the  contract,  said  : 
"  Well,  it  looks  pretty  bad,".  O'Sullivan  said  :  "  Yes,  it  does  ;  but 
I  can't  help  it.  I  made  the  contract  with  Dr.  Cronin,  but  none 
of  my  men  were  hurt.  I  didn't  send  for  the  Doctor.  I  don^t 
know  anything  about  it."  "  If  those  are  the  words  of  a  guilty 
man,"  exclaimed  the  lawyer,  "  what  would  an  innocent  man  have 
said  ?" 

As  to  old  man  Carlson's  testimony  that  on  the  day  the  cot- 
tage was  rented  Burke,  or  Williams,  went  over  to  where  O'Sulli- 
van was  standing  and  said,  "  The  cottage  is  rented,"  Mr.  Donahoe 
said  this  was  uncorroborated  by  a  single  witness  or  a  single  fact. 
Carlson,  before  the  Coroner's  jury,  when  the  matter  was  fresh  in 
his  mind,  said  nothing  about  the  conversation.  The  preponder- 
ance of  the  testimony  of  the  State's  witnesses  v/as  that  the  man 
Williams  rented  the  cottage  very  soon  after  noon.  The  testimony 
of  Thompson  was  that  about  12:15  he  saw  O'Sullivan  in  Mc- 
Bride's  office,  a  distance  from  his  own  home  requiring  an  hour  to 
go,  and  that  O'Sullivan  was  there  until  2 :30  or  3  o'clock.  Thomp- 


THE  APPEAL   TO  THE  JURY.  457 

son's  evidence  was  supported  by  the  entries  on  the  books,  show- 
ing the  number  of  cars  loaded  with  ice,  the  date  they  were 
received,  and  the  date  they  were  unloaded.  McBride  says  O 'Sul- 
livan was  at  his  office  several  times  in  relation  to  the  contract  for 
ice  previous  to  the  time  the  contract  was  reduced  to  writing, 
which  was  March  26.  He  did  not  remember  whether  he  saw  him 
on  the  20th  or  not.  This  effectually  disposed  of  Carlson's  testi- 
mony about  the  conversation  between  Williams  and  O 'Sullivan, 
in  which  it  was  said,  '*  The  cottage  is  rented."  With  that  dis- 
posed of,  there  was  not  a  scintilla  of  evidence  to  show  that  Burke 
and  O'Sullivan  were  ever  acquainted. 

Of  the  letter  signed  '•  F.  W.,"  received  by  the  Carlsons  May 
19,  Mr.  Donahoe  said  : 

"  If  it  were  not  in  the  handwriting  of  any  of  these  defend- 
ants, or  any  of  those  indicted  with  them,  there  was  but  one  way, 
then,  of  getting  it  in  evidence,  and  that  was  by  having  some  one 
read  it  or  speak  about  it  to  some  one  of  the  defendants.  Old  man 
Carlson,  at  the  Coroner's  inquest,  said  nothing  about  that.  It  was 
the  invention  of  some  one  well  versed  in  criminal  law  to  have  the 
old  man  swear  to  talking  about  it  with  P.  O'Sullivan  in  order  that 
it  might  be  introduced.  That  conversation  had  no  existence  in 
fact;  it  was  a  pure  invention. 

"  The  last  witness  introduced  against  O'Sullivan  was  the  man 
Clancey — fit  climax  to  this  mass  of  circumstances,  from  which  you 
are  expected  to  guess  this  man  into  eternity.  In  the  morning 
Clancey  said  that  he  went  to  O'SuUi  van's,  and  he  gave  the  right 
address  of  Justice  Mahoney,  but  in  the  afternoon  he  was  so  ex- 
cited that  he  gave  the  wrong  address.  Yet  there  is  no  evidence 
that  Clancey  ever  went  to  Mahoney's  house  or  office,  or  knew 
whether  he  gave  him  the  right  address  or  not. 

"  Clancey  talks  about  my  client  being  excited,  nervous  and 
restless.  If  that  is  the  test,  you  could  convict  Mr.  Mills,  for  he 
is  restless  and  nervous.  Clancey  says  my  client  refused  to  get  into 
the  cab  and  go  with  him  to  the  morgue.  Is  he  to  be  convicted 
for  that  ?     He  didn't  know  Clancey. 

*'  I  don't  know  whether  Clancey  has  ever  been  an  actor  or 
not;  he  certainly  acted  on  the  stand  as  though  he  had.  But  a 
man  may  miss  his  mark  by  aiming  too  high  as  well  as  by  aiming 


458 


THE  APPEAL  TO   THE  JURY. 


too  low.  And  didn't  Mr.  Clancey" — and  here  Mr.  Donahoe  made 
a  criticism  that  was  made  at  the  time  Mr.  Clancey  was  on  the 
stand — "  didn't  Mr.  Clancey  rather  overdo  the  thing  ? 

"  I  am  about  to  say  the  last  word  for  my  clients.  Their 
welfare  is  in  your  hands.  I  am  satisfied  that  if  you  consider 
nothing  but  the  law  and  the  evidence  you  will  open  the  prison 
door  to  these  men  and  let  them  go  about  their  business,  earning 
their  living  as  they  have  always  done.  I  have  the  case  of  this 
young  man  Kunze,  who  never  paid  me  a  dollar,  as  much  at  heart 
as  I  have  that  of  O'Sullivan,  who  has  paid  me. 

"  I  only  ask  that,  sitting  here  clothed  with  one  of  the  at- 
tributes of  Deity — that  of  judgment — ^you  consider  nothing  but 
the  law  and  the  evidence." 


Chapter  IV. 

Hynes*  Address  to  the  Jury — His  Wonderful  Voice — Examining 
the  Defense — Taking  Refuge  in  Alibis — O'SuUivan's  Guilt — 
Where  was  Dan  Coughlin  ? — Burke's  Damning  Flight — The 
Least  Guilty  Conspirator — A  Chance  for  Kunze — Mat  Dan- 
nahy's  Testimony — Why  .Cronin  was  Murdered — The  Trial 
in  the  Dark — A  Murderous  Slander — Marshaling  the  Facts — 
An  Impassioned  'Plea  for  Justice — Scenes  in  the  Court-room. 

yfelLLIAM  J.  HYNES  is  one  of  the  leaders  of  the  Chicago 
/  bar  and  a  man  known  throughout  the  country  for  his 
eloquence  and  his  marvelous  power  as  a  jury  lawyer. 
Hence  there  was  the  keenest  interest  in  his  speech  against  the 
prisoners  charged  with  contriving  the  death  of  Dr.  Cronin ;  and 
long  before  ten  o'clock  on  the  morning  of  December  5th  the 
court-room  was  crowded  to  its  fullest  capacity  by  an  audience 
made  up  of  representatives  of  every  class  in  Chicago. 

Mr.  Hynes  has  the  ideal  voice  of  an  orator.  It  is  full,  soft 
and  musical.  It  is  a  deep  bass,  but  finely  modulated  and  as  clear 
and  resonant  as  a  violin.  Mr.  Hynes'  face,  however,  is  not 
an  ideal.  It  is  full,  heavy-jawed,  and  beefy.  His  eyes  are  un- 
comfortable, apparently,  from  the  fullness  below  them  that 
crowds  them  back  under  his  overhanging  brows.  His  cheeks  are 
purple,  and  his  neck,  of  the  same  hue,  is '  too  large  and  heavy  to 
give  him  a  poetic  cast.  His  nose,  slightly  pug,  broad  forehead 
and  square  jaws  indicate  the  Celtic  blood  in  him,  and  his  pugnac- 
ity. When  angry  or  in  the  heat  of  argument  his  nose  takes  an 
extra  turn  upward,  his  brows  hang  lower  over  his  furious  eyes, 
and  his  face  resembles  that  in  the  picture  of  Vulcan  forging  the 
thunderbolt.  Mr.  Hynes  is  of  heroic  build,  and  his  pose  digni- 
fied though  not  severe. 

The  general  trend  of   his  remarks  was  in  the  line  of  Mr. 
(459) 


460  THE  APPEAL   TO  THE  JURY. 

Donahoe's  argument.  He  discussed  the  O'Sullivan  alibis  and 
Kunze's  connection  with  Coughlin  He  frankly  asserted  that  he 
thought  Kunze's  guilt  was  less  in  degree  than  that  of  the  other 
prisoners.  How  far  Kunze  had  been  permitted  to  know  the  se- 
crets of  the  conspiracy  Mr.  Hynes  would  not  venture  to  say,  but 
he  believed  Kunze  was  simply  a  tool  who  thought  it  was  a  great 
thing  to  be  on  intimate  terms  with  a  smart  man  like  Coughlin. 

Kunze  looked  relieved  during  this  portion  of  the  argument 
and  brightened  up  wo;nderfully.  He  looked  up  through  his 
brows  at  the  speaker  as  if  he  were  grateful  that  Mr.  Hynes  had 
spoken  the  words  that  probably  saved  him  a  long  term  in  prison, 
if  not  his  very  life.  Burke  flushed  and  appeared  anxious  and 
frightened,  but  chewed  gum  with  all  his  might,  when  his  relation 
to  the  crime  was  related.  Coughlin,  O'Sullivan  and  Beggs  seemed 
to  pay  no  attention  to  the  speech  whatever. 

After  going  over  the  history  and  development  of  the  mur- 
derous conspiracy,  covering  much  the  same  ground  as  that 
already  taken  by  Judge  Longenecker  and  Mr.  Ingham,  Mr.  Hynes 
said: 

"  Feeling  that  they  have  no  other  defense  left,  and  feeling 
that  they  must  have  failed  in  raising  doubts  in  the  minds  of  the 
jurors.  Judge  Wing  at  the  close  of  his  argument  raises  the  ques- 
tion of  the  cause  of  Dr.  Cronin's  death.  He  asks  if  you  believe 
beyond  a  reasonable  doubt  that  the  cause  of  the  death  was  tiiat 
charged  in  the  indictment.  Can  there  be  any  doubt  about  it  ? 
No,  sirs.  Does  the  testimony  of  the  experts  leave  any  doubt 
about  that  ?  None  of  the  physicians  say  there  was  any  other  cause 
of  death.  Dr.  Moyer  and  Dr.  Andrews  were  asked  hypothetical 
questions  that  gave  nothing  except  the  external  appearances  of 
the  wounds.  When  I  asked  them  if  violence  had  occurred,  if 
shock  would  have  caused  death,  they  said  it  would.  They  say: 
'  You  show  no  evidence  of  shock.'  Ah,  that  is  true.  These  evi- 
dences had  been  wiped  away  in  the  disintegration  pf  the  brain. 
They  had  buried  him  in  a  sewer,  and  they  now  come  in  here  and 
tell  us  there  are  no  signs  of  contusion  or  surgical  shock  to  the 
brain. 

"  They  add  to  the  atrocity  of  their  crime  by  outrage  upon 


THE   APPEAL  TO  THE  JURY.  461 

the  remains  of  their  victim,  and  then  try  to  escape  by  telling  us 
there  is  no  scientific  evidence  of  it." 

Mr.  Hynes  then  briefly  discussed  the  expert  testimony  in 
reference  to  the  blood-stains.  The  State  had  shown  that  the 
blood-stains  did  not  exist  in  the  cottage  before  Burke  rented  it; 
that  the  stains  in  the  trunk,  which  evidently  came  from  the  cot- 
tage, were  blood-stains;  that  some  of  the  cotton  taken  from  his 
home  by  Dr.  Cronin  was  found  in  the  trunk,  stained  with  blood. 

"  What  kind  of  a  defense  is  made  by  these  five  prisoners? 
A  defense  that  utterly  fails,  as  in  my  judgment  this  defen.se  does, 
is  worse  for  the  prisoners  than  when  the  State  rested.  You  waited 
in  mercy  for  them  to  explain  away  the  incriminating  circum- 
stances against  them.  The  only  defense  they  set  up  is  that  of 
the  commonest  criminal;  'We'll  get  somebody  to  swear  we 
weren't  there.'  There  is  not  an  habitual  criminal  in  Chicago  that 
could  not  set  up  as  strong  a  defense  —  an  alibi.  When  life  is  at 
stake  good  men  and  good  women  —  good  when  measured  by  the 
ordinary  standards  of  life  —  will  stretch  a  doubt  to  save  their 
friends.  I  don't  mean  to  abuse  all  these  people  who  swore  to 
alil)is.  These  witnesses  of  the  O'Sullivan  household  fix  the  supper 
hour  from  7  to  8:30  —  that  is  the  value  of  an  alibi.  All  the  wit- 
nesses say  that  O'Sullivan  came  home  about  5:30  o'clock  Satur- 
day evening.  O'Sullivan  himself  says  that  he  came  home  about 
seven  o'clock.  All  these  witnesses  swore  that  O'Sullivan  did  not 
leave  his  house  that  Saturday  night.  O'Sullivan,  knowing  that 
he  was  out  of  his  house  that  night,  and  after  he  had  denied  it 
once,  afterward  sent  for  Capt.  Schaack  and  told  liim  that  he  was 
out  of  the  house  that  night  and  went  to  the  rear  of  the,  slied. 
Mulcahey,  also,  said  O'Sullivan  was  out  of  t*he  house  about  eight 
or  8:30  o'clock  that  night. 

''The  Hylands  were  placed  upon  the  stand  to  meet  the  testi- 
mony of  Nieman.  He  said  that  on  SMtuniny  niglit  O'Sullivan 
—no  doubt  about  him — and  a  man  who  looked  like  Coughlin, 
and  a  man  who  talked  English  with  a  German  accent,  came  to  his 
place.  Nieman  was  honest,  as  was  shown  by  his  hesitation 
to  give  his  opinion  when  men's  lives  were  at  stake.  The  other  side 
Sfiy  he  was  honest.  It  is  conceded  by  both  sides  that  there  was  no- 
body else  in  the  saloon  at  the  time.  Who  is  mistaken  ?  Nieman  says 
that  at  no  time  during  that  Sunday  evening  were  there  less  than 


462  THE   APPEAL  TO  THE  JURY. 

fifteen  persons  in  his  place.  The  Germans  spent  this  evening  in 
social  meeting.  There  were  a  number  of  persons  that  came  from 
the  ball  game.  On  the  testimony  of  both  sides  it  is  clear  that  it 
wasn't  Sunday  night  that  O'Sullivan  was  there.  I  trust  that  the 
Hylands  meant  to  say  that  it  was  one  of  the  other  Sunday  even- 
ings on  which  they  visited  O'Sullivan  that  they  went  to  the  saloon. 
I  like  to  reconcile  witnesses'  testimony  with  the  truth.  The  wit- 
nesses said  they  were  there  other  Sunday  evenings.  They  have 
been  persuaded  to  think  it  was  this  Sunday  night.  No,  it  was  on 
Saturday  night  that  Nieman  saw  these  men.  He  was  in  business 
at  the  place  only  two  weeks,  and  he  had  few  Sunday  nights  at  the 
place. 

"If  the  identification  of  Coughlin  and  Kunze  depended  on 
that  one  meeting  I  would  say  there  was  a  reasonable  doubt  about 
their  being  there.  But  Kettner  saw  Coughlin  that  day — May  4 — 
in  that  neighborhood,  with  his  Prince  Albert  coat  on.  The  day 
was  warm,  and  Coughlin  had  his  overcoat  over  his  arm.  He  saw 
Coughlin  going  in  the  direction  of  O'Sullivan's  house  about  four 
o'clock.  Nieman  says  the  tall  man  wore  a  Prince  Albert  coat. 
James  Hyland  wore  a  cutaway.  Where  was  the  Prince  Albert  on 
James  Hyland  or  the  German  accent  in  Jeremiah  Hyland  ?  Such 
a  defense  is,  in  my  judgment,  a  confession  of  guilt. 

"Why  was  Dan  Coughlin  there  that  afternoon  ?  Was  he  in 
the  performance  of  any  public  duty  ?  If  he  was,  how  easy  to 
show  it ! 

"Now  about  the  association  of  Coughlin  and  Kunze.  They 
say  it  had  some  relation  to  some  distillery  business.  It  partly 
appears  that  they  had  something  to  do  with  the  distillery  explo- 
sion. They  admit  that  Kunze  was  cognizant  of  some  crime. 
Kunze  -  claimed  to  know  who  threw  the  bomb.  Did  Coughlin 
know  that,  and  get  Kunze  in  his  power  ?  Did  he  have  his  claws 
on  Kunze  ?  Did  he  try  to  deal  with  Kunze  as  he  did  with  Samp- 
son— as  a  tool  ?  If  Kunze  was  simply  the  associate  and  satellite 
of  Dan  Coughlin  in  connection  with  the  Lynch  distillery,  then  his 
presence  at  117  Clark  Street  shows  Dan  Coughlin's  connection 
with  the  renting  of  those  rooms. 

"Now  about  Dan  Coughlin's  alibi.  Mertes  saw  Dan  Cough- 
lin, and  so  vivid  an  impression  did  he  receive  that  he  recognized 
Coughlin  in  the  jail  when  he  only  saw  the  side  of  his  face.  I 
don't  say  that  this  alone  would  be  sufficient  to  connect  Coughlin 
with  the  murder.     But,  so  far  as  that  is  concerned,  it  would  make 


THE  APPEAL  TO   THE  JURY.  463 

no  difference  whether  Coughlin  or  O'SuUivan  were  in  or  near  the 
Carlson  cottage  May  4,  or  whether  they  ever  lifted  a  hand  against 
Dr.  Cronin;  their  connection  with  tlie  conspiracy  in  its  conception 
and  arrangement  makes  them  just  as  guilty  as  the  men  who  struck 
the  fatal  blows.  But  what  of  Coughlin's  alibi.?  McDonald,  a 
police  officer,  knew  that  Dan  Coughlin  was  suspected  of  complic- 
ity in  the  foulest  and  most  revolting  murder  ever  committed,  but 
said  nothing  about  it  to  Capt.  Schaack  or  Capt.  Schuettler,  his  suc- 
cessor ;  to  Chief  Hubbard,  or  the  State's  Attorney.  McDonald  did 
not  go  to  anybody  and  say :  'I  saw  Dan  Coughlin  at  the  station  at 
8:30  or  nine  o'clock.  He  could  not  have  been  at  the  Carlson 
cottage.'  But  McDonald  appears  here  and  swears  to  an  alibi  for  a 
fellow -member  of  the  order.  Mike  Whalen  finds  Coughlin  there 
at  7 :30  or  eight  o'clock.  And  Stift  comes  along  and  finds  Cough- 
lin in  front  of  the  station  at  9:30.  Think  of  it.  For  two  hours 
Dan  Coughlin  stands  in  front  of  the  Chicago  Avenue  Station  for 
the  purpose  of  establishing  an  alibi.  There  he  stands  in  the  same 
spot  until  he  goes  into  Maloney's  saloon  with  Stift  for  a  drink. 
What  special  duty  had  been  assigned  to  him  that  kept  him  there 
two  hours  ?  What  do  you  think  of  such  an  alibi  ?  McDonald 
said  the  matter  did  not  occur  to  him  until  two  weeks  afterward, 
when  Coughlin's  connection  with  the  murder  was  spoken  of  in  the 
papers.  We  showed  that  Coughlin's  connection  with  the  murder 
was  not  mentioned  in  the  papers  until  May  25. 

"I  do  not  know  whether  it  was  the  discovery  of  the 
body  or  of  the  Carlson  cottage  that  started  Martin  Burke 
away  from  here.  Burke  told  the  Chief  of  Police  and  Sergt.  Mc- 
Kinnon  at  Winnipeg  that  he  had  worked  his  way  up  and  had 
stopped  at  the  homestead  of  John  F.  Ryan.  Dan  Coughlin  said 
that  John  F.  Ryan  sent  Smith  to  him.  Why  did  Burke  give  that 
name  ?  He  knew  his  man,  and  that  this  man  would  protect  him. 
Dan  Coughlin  knew  whose  name  to  give.  If  John  F.  Ryan  wants 
these  men  to  escape  why  don't  he  send  the  man  here  who  drove 
the  Doctor  away  ?  " 

*  Mr.  Hynes  then  took  up  the  case  of  Kunze  again  and  made 
some  pleasant  remarks  for  that  gentleman.  He  said  that  Kunze 
probably  thought  it  was  a  smart  thing  to  be  intimate  with  a 
smart  man  like  Coughlin. 

"That  convinces  me,"  he  said,  "that  he  was  Coughlin's  tool. 


464  THE  APPEAL  TO   THE  JURY. 

How  much  he  knew  of  the  secrets  of  the  conspiracy  I  don't  know. 
Kunze  drove  Coughlin  to  the  Carlson  cottage.  Mertes  saw  him 
full  in  the  face  when  the  moon  was  shining  directly  in  it.  He 
looked  sharply  at  Mertes,  and  Mertes  fully  identifies  him. 

"I  do  not  think  that  Kunze  is  to  be  ranked  with  the  others  in 
the  degree  of  his  guilt.  I  don't  know  how  far  he  was  in  this  con- 
spiracy. Guilty,  certainly,  but  not  in  the  same  degree.  Charles 
Carlson  met  a  man  at  the  cottage  one  night.  The  man  spoke  a 
German  accent.  He  was  a  small  man,  had  a  small  mustache. 
Petowsky  said  that  Kunze  spoke  about  an  unoccupied  house. 
What  did  he  mean  by  a  vacant  house  unless  he  had  the  Carlson 
cottage  in  mind  ?  He  asked  Petowsky  to  go  with  him,  but  when 
the}'^  started  Kunze  appeared  very  drunk  or  sick  and  could  not  go. 
He  probably  thought  he  had  better  not  risk  taking  another  man 
there.  Kunze  was  at  the  Clark  Street  flat.  His  presence  there 
shows  he  knew  of  the  contemplated  crime,  but  what  degree  of 
knowledge  he  shared  with  the  conspirators  is  for  you  to  say. 

"The  law  of  the  case,"  continued  Mr.  Hynes,  *'is  not,  as  so 
often  stated  by  Mr.  Donahoe,  and  once  or  twice,  I  think,  by  Judge 
Wing,  that  every  circumstance  in  this  case  must  be  absolutely 
proved.  This  is  not  the  law.  The  law  is  that  every  material  fact 
charged  must  be  proved.  The  death  of  Dr.  Cronin  must  be 
proved,  and  his  death  in  the  manner  charged ;  that  it  was  Dr. 
Cronin  who  was  killed,  and  that  these  men  charged  with  it  are 
guilty.  But  in  this  identification  that  of  Kunze  is  the  perfect  one. 
It  isn't  claimed  that  the  identification  of  Coughlin  is  complete. 
A  great  many  things  have  been  proved  here  that,  standing  alone, 
do  not  prove  guilt.  For  instance,  we  proved  that  Burke  and  Col- 
leran  were  up  at  Beggs'  office  in  February.  There  is  nothing 
criminal  in  that.  In  fact,  Colleran  says  they  were  there  for  an 
object  which  is  perfectly  legitimate — that  of  getting  his  influence 
to  aid  them  in  securing  employment  under  the  city  government. 
But  it  does  show  acquaintance  and  association.  So  other  associa- 
tions are  shown.  There  was  nothing  criminal  in  O'Sullivan, 
Coughlin  and  Kunze  being  together  in  Nieman's  saloon — the 
mere  fact  of  their  being  there.  It  is  its  connection  with  other 
things  that  makes  it  evidence  of  their  guilt.  So  the  fact  that 
O'Sullivan  and  Kunze  were  seen  driving  together  in  a  buggy, 
along  in  March,  proves  their  acquaintance  and  association.  And 
men  who  are  acquainted  with  each  other,  who  are  friends  and  as- 


THE  APPEAL  TO   THE  JURY.  465 

sociates,  are  more  likely  to  be  engaged  in  a  conspiracy  than  if 
they  had  never  met. 

"Then  there  is  the  telephoning  between  Coughlin  and  O'SuI- 
livan.  When  O'Sullivan  is  asked  about  this  by  Capt.  Schuettler, 
he  at  first  denies  it.  Afterward,  when  denials  are  useless,  he  says 
it  was  in  relation  to  Kunze,  whom  Dan  Coughlin  wanted  to  find, 
because  he  knew,  or  claimed  to  know,  something  about  the  man 
who  threw  the  bomb  at  Schufeldt's  distillery.  But  Officer  Koch 
says  that  he  first  saw  Coughlin  and  Kunze  together  on  April  8,  9 
and  10;  that  the  two  were  working  on  the  distillery  case  then; 
that  Coughlin  had  got  Kunze  drunk  in  order  to  get  some  papers 
away  from  him.  Kunze  about  this  time  left  Lake  View  and  went 
to  live  near  Thirty-first  Street. 

"What  necessity  was  there  for  telephoning  about  Kunze  af- 
ter he  went  to  live  on  the  South  Side  ?  But  Sergt.  Hoefig  testifies 
that  the  telephoning  was  in  the  last  few  days  of  April,  and  the  ist 
or  2d  day  of  May.  What  occasion  was  there  for  telephoning  at 
this  time  after  Coughlin  had  got  into  communication  with  Kunze  ? 
Was  O'Sullivan  familiar  with  the  aliases  under  which  Kunze  was 
sailing  ?  Did  he  know  him  as  Krueger  and  Konig,  and  all  the  other 
names  by  which  he  went  ?  It  couldn't  in  the  nature  of  things  be 
about  Kunze — at  least  in  his  relation  to  the  distillery  case — that 
these  messages  passed.  Therefore  O'SuUi van's  answer  to  the  oflS- 
cers  in  these  particulars  was  not  a  frank  one. 

"But  what  were  those  messages  passing  between'  O'Sullivan 
and  Coughlin  in  the  latter  part  of  April,  and  the  1st  of  May  ? 
O'Sullivan  telephones  for  Dan  to  come  up  to  his  house.  Cough- 
lin says  'all  right.'  Those  messages  came  between  six  and  seven 
o'clock,  so  that  Coughlin  could  come  under  the  cover  of  the  dark- 
ness. Come  out  to  my  house,  says  O'Sullivan.  Out  next  to  the 
Carlson  cottage,  with  scarcely  another  house  in  the  neighborhood. 
Out  there  to  discuss  the  question,  where  they  are  not  likely  to  be 
seen  by  anybody,  for  O'Sullivan  knows  the  Carlsons  retire  early 
and  sleep  sound." 

Mr.  Donahoe  objected  to  the  statement  that  O'Sullivan  knew 
the  habits  of  the  Carlsons,  because  there  was  no  evidence  of  it. 
To  this  Mr.  Hynes  responded: 

"I  know  there  is  no  evidence  of  it,  except  the  fact  that  they 
were  neighbors,  and  that  one  neighbor  would  likely  know  such 


466  THE  APPEAL  TO  THE  JURY. 

things  concerning  another.  I  am  arguing  that  he  knew  from  his 
opportunities  of  knowledge. 

"I  don't  know  where  Coughlin  met  O'Sullivan ;  whether  it 
wa^in  his  house  or  barn,  or  in  the  Carlson  cottage.  I  only  know 
that  O'Sullivan  telephones  to  Coughlin  to  come  up  to  his  house, 
and  Coughlin  replies:  'AH  right.' 

"Judge  Wing  doubts  whether  Mertes  has  fixed  the  right 
date.  Mertes  tells  you  how  he  fixes  the  date.  He  says  that, 
some  time  after  the  discovery  of  the  body  and  its  connec- 
tion with  the  cottage,  he  was  talking  with  a  woman  in  a  gro- 
cery store.  She  spoke  about  the  murder  having  been  commit- 
ted on  Saturday  night.  May  4.  'Why,  that  must  be  the  Saturday 
night  I  saw  two  men  go  in  there,'  exclaimed  Mertes.  Then  he  be- 
gan counting  back  and  found  out  that  it  was  that  Saturday  night. 

"But  suppose  it  was  another  Saturday  night.  I  don't  care 
which  Saturday  night  it  was.  Find  a  man  who  was  in  the  Carl- 
son cottage  about  that  time,  and  you  have  one  of  the  conspira- 
tors. Suppose  it  was  the  next  Saturday  night.  The  hammering 
Mertes  heard  may  have  been  while  they  were  tearing  up  the  car- 
pet. For  you  remember  the  testimony  is  that  the  carpet  was  torn 
up,  shreds  of  it  remaining  fastened  to  the  tacks,  which  were  not 
pulled  out.  Or  suppose  it  was  the  Saturday  night  before.  What 
difference  does  it  make  ?  Any  man  who  was  in  that  cottage  at  any 
time  along  there  is  one  of  the  murderers. 

"Now  the  testimony  of  Nieman  is  that  O'Sullivan,  Cough- 
lin and  Kunze  were  in  his  saloon  that  night  about  ten  or 
10:30  o'clock,  and  that  they  left  together.  And  Wardell.  He 
says  that  when  he  was  going  home  from  Matt  Young's  saloon  on 
Lincoln  Avenue,  going  north  on  Ashland  Avenue,  when  he  came 
to  Otto  Street  he  saw  two  men  going  north  to  the  Carlson  cottage, 
and  go  in,  and  Wardell's  thought  was  that  the  tenants  of  the 
cottage  had  at  last  moved  in.  This  is  just  about  the  time  O'Sul- 
livan, Coughlin  and  Kunze  were  leaving  Nieman's  saloon. 

"The  next  morning  between  seven  and  eight  o'clock,  when 
Wardell  and  his  good  wife  were  on  their  way  to  eight  o'clock  mass, 
passing  in  front  of  the  cottage,  he  saw  blood  trailing  along  the 
sidewalk  in  the  direction  of  the  little  walk  that  crosses  the  ditch 
into  the  road.  That  was  the  blood  of  Dr.  Cronin  dripping  from 
the  trunk  reeking  with  the  blood  of  the  murdered  man.  Mrs. 
Carlson,  too,  saw  the  blood  on  the  steps  that  Sunday  morning, 


THE  APPEAL  TO   THE  JURY.  467 

and  says  she  thought  it  was  preserves  that  had  been  spilled.  She 
also  thought  the  tenants  had  moved  in. 

"Let  me  come  to  one  thing  further  about  Coughlin's  alibi. 
Along  toward  the  close  of  the  trial  it  was  found  that  one  of  the 
officers  had  overlooked  two  knives  taken  from  Coughlin  at.  the 
time  of  his  arrest.  Those  knives  are  identified  by  Mr.  Conklin  as 
being  in  every  particular  like  those  carried  by  Dr.  Cronin.  He 
had  the  best  of  opportunities  for  knowing.  One  of  them  he  him- 
self carried  for  a  year  and  a  half.  The  other  one  he  found  and 
carried  for  some  time.  Both  were  given  by  him  to  Dr.  Cronin. 
It  occurred  to  Coughlin  that  no  one  would  suspect  him  of  carry- 
ing two  knives  of  Dr.  Cronin.  It  was  being  reported  that  Dr. 
Cronin  had  been  seen  in  different  parts  of  the  country.  Some  of 
the  newspapers,  and,  perhaps,  more  than  half  the  public,  had  been 
led  to  believe  that  Dr.  Cronin  was  not  dead,  but  would  turn  up 
presently  on  the  other  side  of  the  ocean.  The  word  had  been 
passed  around  that  Dr.  Cronin  was  a  spy.  Dan  Coughlin  him- 
self had  said  so.  John  F.  Beggs  had  said  of  him:  'Oh,  he'll  turn 
up  all  right.'  Coughlin  may  have  believed  Dr.  Cronin  was  a  spy. 
I  don't  know  whether  he  did  or  not.  Burke  may  have  believed 
him  a  spy,  and  O'SuUivan.  I  think  the  last  two  may  have.  But 
I  don't  believe  Dan  Coughlin  did.  I  don't  believe  John  F.  Beggs 
did.  But,  anyway,  the  report  was  sr)read  that  he  was,  and  it  was 
doubtless  believed  that  before  the  body  would  be  found  decom- 
position would  have  rendered  identification  impossible.  Follow- 
ing close  on  the  conspiracy  to  murder  is  the  conspiracy  to  de- 
stroy the  evidence  of  the  corpus  delicti. 

"Then,  besides,  Mike  Whalen  says  that  Coughlin  understood 
from  Capt.  Schaack  that  Mrs.  Conklin  had  failed  to  identify  the 
Dinan  horse.     Coughlin  doubtless  thought  he  was  safe. 

"If  these  knives  are  not  those  of  Dr.  Cronin,  then  I  say  it  is 
one  of  the  most  remarkable  coincidences  in  history,  that  the  man 
who  moved  the  appointment  of  the  committee,  and  who  hired  the 
white  horse,  should  be  carrying  two  knives  identical  in  every  par- 
ticular with  those  of  the  man  he  murdered.  It  is  my  belief,  and 
doubtless  within  the  knowledge  of  some  of  you,  that  there  are  in 
the  market  at  least  1,000  different  varieties  of  pocket-knives.  If 
that  is  the  case,  the  chances  that  any  two  men  should  carry  each 
a  single  knife  of  exactly  the  same  pattern,  is  one  in  a  thousand. 
But  that  two  men  should  carry  two  knives  identical  in  every  par- 


468  THE  APPEAL  TO   THE  JURY. 

ticular,  of  this  the  chances  are  one  in  a  million.     And  yet  they 
say  these  are  not  Dr.  Cronin's  knives  I 

"We  have  Burke's  alibi,  rather  a  pitiful  one.  Somebody's 
heart  must  have  failed  him  in  fixing  up  an  alibi  for  poor  Burke. 
I  do  not  know.  He  is  not  a  bad -looking  man.  He  may  be  one  of 
the  best  of  men,  or  he  may  be  one  of  the  worst.  The  worst  thing 
that  can  be  said  about  Dannahy,  probably,  is  that  he  would  swear 
through  a  grindstone  to  help  out  a  friend.  He  is  probably  one 
of  those  men  who  believed  that  Dr.  Cronin  was  a  spy,  and  that 
his  taking  off  was,  therefore,  the  right  thing.  He  is  probably  one 
of  those  men  who  can  flatter  their  consciences  into  the  belief  that 
perjury  to  help  out  a  friend  is  all  right.  At  any  rate,  he  comes 
forward  with  an  alibi.  And  what  an  alibi.  Dannahy  says  Burke 
was  in  his  saloon  about  6:30  o'clock,  and  remained  there  for  two 
hours  or  more.  Yet  Carberry  says  he  came  to  that  saloon  about 
6 :30  and  remained  there  until  after  8 :30  o'clock,  and  that  Burke 
was  not  there,  or  Dannahy  either.  He  fixes  the  date  because  it 
was  while  he  was  planning  for  a  fishing  excursion.  In  fact,  it  was 
in  relation  to  that,  that  brought  him  to  Dannahy's  saloon. 
|''Xtl"Hugh  Grleason  is  called  in  to  complement  Dannahy's  evi- 
dence. I  never  saw  such  a  witness  on  the  stand.  Why,  I  thought 
once  he  was  going  to  faint.  He  seemed  to  me  like  a  man  strug- 
gling with  his  conscience.  He  seemed  like  a  man  who  wanted  to 
tell  the  truth,  yet  thought  it  necessary  to  shield  a  friend.  Or 
perhaps  he  had  some  such  idea  of  his  duty  to  his  fellow- members 
of  the  Clan-na-Gael  as  Dannahy  may  have  had.  He  says  he  left  at 
six  o'clock,  and  spent  some  time  in  his  brother's  saloon.  He  didn't 
see  Burke  before  he  left.  He  says  he  might  have  seen  him  in  his 
brother's  saloon.  He  doesn  't  see  him  after  his  return  to  Dannahy 's 
between  ten  and  eleven  o'clock,  to  go  to  work  again,  although  he 
had  been  relieved  at  six.  He  returns  soOn  enough  to  see  the  other 
men  who  were  proved  to  be  there. 

"  How  do  they  corroborate  Dannahy  ?  They  call  William 
Coughlin,  now  in  the  city's  employ,  who  says  he  was  formerly  a 
saloon-keeper,  but  whose  bartender  says  he  is  one  yet.  He  says 
he  went  with  O'Malley  to  Dannahy's  about  6 :30  o'clock  and  found 
Burke  there.  O'Malley  says  he  got  there  about  seven  o'clock. 
O'Malley  was  out  on  a  bender  that  evening.  He  had  been  to  a 
funeral  during  the  day  and  had  stopped  for  refreshments  at  Kelly's 
and  at  Fitzgerald's,  and  nobody  knows  how  many  other  places. 
He  was  parading  himself  as  drunk  and  it  isn't  disputed.  O'Malley 


THE  APPEAL  TO  THE  JURY.  469 

says  he  saw  a  man  shaking  dice  with  Dannahy.  He  doesn't  know 
whether  it  was  Burke  or  not.  We  prove  that  on  that  night 
O'Malley  took  a  hack  at  6:30  o'clock — the  livery  stable  book 
shows  the  hour — and  wasn't  near  Dannahy's  that  night.  They  try 
to  offset  that  with  the  story  of  O'Malley's  frolic  ;  his  putting  on 
the  driver's  long  livery  coat  with  its  shiny  brass  buttons  and  the 
high  hat,  and  the  driver  drunk.  Yet  thatliver}^  had  no  existence 
at  that  time,  and  when  one  is  purchased.  May  10th  to  13th,  it  is 
a  short  one  and  has  black  cloth  buttons  and  not  bright  brass  ones. 
That's  the  alibi  for  Martin  Burke.  The  men  who  swear  to  it 
have  either  perjured  themselves  or  mistaken  dates  and  circum- 
stances.    I  hope  it  is  thejatter. 

^'  Now,  whence  does  this  all  spring  ?  The  evidence  shows 
that  for  over  four  years,  «s  he  told  the  Chief  of  Police,  Dan 
Coughlin  was  an  enemy  of  Dr.  Cronin.  What  the  cause  of  his 
enmity  was  does  not  appear.  It  does  appear  that  during  those 
years  there  was  a  division  in  what  was  known  as  the  United  Broth- 
erhood. Camps  were  organ ized-^rival  camps  as  Mr.  Foster 
calls  them,  retaining  the  old  name.  Among  these  Dr.  Cronin 
seems  to  have  been  the  inspiring  genius.  The  other  faction  took 
the  name  of  the  Irish  Revolutionary  Brotherhood. 

"  These  camps  retaining  the  old  name  grew  out  of  the  fact 
that  charges  were  made  against  the  executive,  or  'Triangle,'  as  it 
was  called,  that  it  had  embezzled  the  funds  or  the  order  ;  had 
sent  men  to  England  for  purposes  which  were  resulting  in  still 
more  firmly  riveting  on  Ireland  the  shackles  of  oppression  and 
alienating  further  the  sympathies  of  civilization  from  their  native 
land.  On  the  strength  of  these  charges  honest  men,  believing  that 
the  time  had  come  when  these  things  should  be  exposed,  had 
taken  steps  to  expose  them. 

"  They  were  met  with  the  cry  that  corruption  always  raises 
in  a  party  or  anywhere  else — that  unity  must  be  maintained;  that 
there  must  be  harmony  in  the  ranks  if  success  is  to  be  achieved. 
And  many  there  were  doubtless,  as  there  alwa3's  are,  who  thought 
unity  and  harmony  was  the  only  way,  forgetting  that  the  royal 
road  is  the  honest  and  brave  road  ;  that  any  cause  which  will  not 
bear  the  shock  of  purification  from  the  base  elements  with  which 
it  may  become  contaminated  is  not  worthy  of  support. 

"  Thus  there  were  two  organizations.  From  both  of  these  it 
appears  there  sprung  a  desire  for  union.  One  of  the  conditions 
of  that  union  was  that  the  ex-executive,  the  old  Triangle,  should 


470  THE  APPEAL  TO  THE  JURY. 

be  tried  by  a  committee  consisting  of  three  from  each  organiza- 
tion. Dr.  Cronin  was  a  member  of  the  committee,  and  as  such 
made  a  report — a  minority  report.  He  felt  it  his  duty  as  a  juror 
in  that  case  to  render  an  honest  verdict.  He  felt  that  the  truth 
should  be  made  known  to  the  members.  It  is  in  evidence  that 
his  report  covered  between  three  and  four  hundred  pages.  It 
was  this  report  that  Capt.  O'Connor  said  he  heard  in  another 
.camp.  It  was  on  the  basis  of  this  report  that  Capt.  O'Connor 
made  his  report  to  Andrew  Foy.  Foy,  believing  every  other 
word  Le  Caron  spoke  on  the  stand  before  the  Parnell  Commission, 
was  ready  to  take  that  man's  word  that  there  were  four  other 
spies  in  America.  Capt.  O'Connor  replied  that  instead  of  look- 
ing for  spies  in  their  ranks  they  had  better  be  looking  for  those 
who  had  plundered  them  and  sent  good  men  across  the  water  ix> 
betray  them  to  Scotland  Yard." 

Mr.  Hynes  then  entered  into  a  detailed  argument  from  the 
testimony  of  the  witnesses  and  the  evidence  furnished  by  the 
record  of  the  camp  that  the  motion  for  the  secret  committee  was 
carried,  chronologically,  as  it  appears  in  the  record  book,  after 
the  other  motions  spoken  of  by  the  witness  had  been  disposed  of; 
after  Henry  Owen  O'Connor  had  left  the  hall,  therefore  after  ten 
o'clock,  and  that  It  was  not  appointed  that  night  nor  until  after 
careful  consultation.  That  a  secret  committee  was  appointed 
there  could  be  no  doubt.  For  on  the  3d  and  10th  of  May,  it  is 
immaterial  which,  in  answer  to  an  inquiry,  John  F.  Beggs,  the 
Senior  Guardian,  with  a  deprecatory  gesture,  replied  that  the 
secret  committee  was  appointed  to  report  to  the  Senior  Guardian 
alone. 

"  Here  is  an  admission  of  the  appointment  of  the  committee. 
No  denial  that  the  motion  had  been  carried  ;  no  denial  that  the 
committee  was  appointed  ;  no  denial  that  it  was  a  secret  com- 
mittee ;  no  denial  of  anything  save  the  right  that  anybody  except 
the  Senior  Guardian  had  a  right  to  know  anything  about  that 
report." 

Mr.  Hynes  then  took  up  the  correspondence  between  Beggs 
and  Spelman.  From  Beggs'  last  letter  it  is  apparent  that  what  he 
was  complaining  of  was  not  the  breach  of  discipline,  if  such  it  was, 


THE  APPEAL  TO  THE  JURY.  471 

in  reading  the  minority  report,  but  that  the  charges  against  the 
Triangle  should  be  made  or  repeated.  He  was  crying  for  peace, 
no  matter  what  the  crime,  the  scandal,  the  corruptions  sought  to 
be  exposed. 

"  Thus  it  is,  because  nine  out  of  ten  men  want  peace,  that 
rogues  can  keep  up  their  nefarious  scheme — can  feather  their 
nests  and  line  their  pockets. 

"  In  these  letters  begging  Mr.  Spelman  to  do  something — to 
appoint  a  committee  who  should  investigate  the  matter — John  F. 
Beggs  was  trying  to  get  a  committee  appointed  to  whom,  in  case 
of  any  investigation  in  the  order,  anything  that  happened — the 
disappearance  of  Dr.  Cronin  or  his  death — might  be  referred 
while  the  secret  committee  of  his  appointment  was  going  on  with 
its  work." 

Mr.  Hynes  said  the  jury  was  not  called  to  decide  the  truth  or 
the  falsity  of  these  charges  made  by  Dr.  Cronin  against  the  Tri- 
angle. But  his  murder  proved  their  truth.  His  death  and  the 
obloquy  cast  on  his  memory  were  necessary  to  protect  the  reputa- 
tion of  the  men  against  whom  he  made  his  charges. 

"  To  destroy  Dr.  Cronin's  reputation,"  he  said,  "to  destroy 
his  standing  among  Irishmen,  to  cast  distrust  on  his  verdict,  that 
was  the  scheme  when  Simonds  purchased  the  valise,  the  trunk 
and  the  furniture. 

"  We  were  discussing  the  position  of  Mr.  Beggs.  Evidently 
Mr.  Foster  would  argue  that  Beggs  was  anxious  to  find  out  how 
the  report  of  the  Buffalo  trial  committee  came  to  be  read  in  one 
camp  before  it  was  sent  to  the  other  camps.  When  Officer 
Collins  was  on  the  stand  he  was  asked  if  Beggs  did  not  say  at  the 
meeting  of  Camp  20,  on  February  22,  that  he  wanted  peace,  and 
asked  that  all  feeling  on  the  question  of  the  Buffalo  committee's 
report  be  laid  aside  until  that  committee  had  reported.  Not  only 
did  Beggs  deprecate  the  factional  contention  in  the  order.  But  he 
said  he  would  have  peace  if  it  took  war  to  get  it.  He  denounced 
the  men  who  were  opening  old  sores  and  defended  the  Triangle. 

"In  his  letter,  deliberately  written,  to  Edward  Spelman, 
Beggs  said:  '  It  is  just  such  cases  that  keep  us  in  hot  water. 
Why  will  men  insist  on  opening  old  sores  ?  The  majority  of  our 
friends  believe  the  parties  innocent  of  any  wrong,  and  the  con- 
stant charges  that  they  are  guilty  create  bitterness  and  bad  feeling. 


472  THE  APPEAL  TO  THE  JURY. 

The  man  or  men  who  continue  to  ring  the  charges  are  not  friends 
of  Ireland.' 

"  Was  it  not  the  spirit  of  Mr.  Beggs  from  the  opening  to  the 
close,  opposition  to  opening  old  sores — opposition  to  the  ex- 
posure, the  uncovering  of  the  old  frauds  of  the  Triangle  ?  It  was 
not  opposition  to  the  premature  reading  of  the  report.  What  did 
Mr.  Beggs  mean  about  the  trouble  going  on  in  the  order.?  It 
meant  more  than  the  acrimony  of  debate.  It  was  not  the  heat  of 
discussion.  Of  course,  in  writing  to  Spelman  he  did  not  dis(;h)se 
any  more  than  he  thought  would  induce  Spelman  to  act.  Beggs 
had  been  talking  about  trouble  before  Simonds  hired  the  flat  or 
bought  the  furniture.  The  trouble  he  spoke  of  was  something 
else.  He  was  breathing  threats  of  trouble  in  his  ear.  Mr.  Fos- 
ter reminds  me  that  he  will  insist  that  Beggs  had  the  right  to  say 
that  Dr.  Cronin  was  not  a  fit  man  to  belong  to  any  Irish  organ- 
ization because  Dan  Coughhn  had  said  that  Dr.  Cronin 
was  admitting  men  into  the  organization  without  due 
process  of  initiation.  Dan  Coughlin  was  pouring  into  Beggs' 
willing  ears  slanders  concerning  Dr.  Cronin — slanders  from  the 
Clan-na-Gael  standpoint. 

'"  What  evidence  had  been  adduced  before  this  secret  com- 
mittee that  Dr.  Cronin  was  a  spy  ?  What  evidence  that 
he  was  another  Le  Caron  ?  Coughlin  told  Harry  O'Connor 
that  word  had  been  received  that  Cronin  was  a  spy.  Evidence 
had  been  presented  to  the  committee — " 

"That  is  not  a  fair  argument,"  interruped  Mr.  Foster. 

"  If  I  did  not  think  it  was  fair  I  wouldn't  make  it,"  retorted 
Mr.  Ilynes. 

"  I  don't  say  there  is  anything  in  the  testimony  that  shows 
that  evidence  has  been  taken.  I  argue  that  something  was  being 
used  by  these  men  who  mistook  their  savagery  for  patri(>tism  to 
wreak  their  vengeance  on  the  noble  man  who  stood  before  them. 
'  Information  has  been  received,'  said  Coughlin  to  O'Connor.  In- 
formation may  mean  a  letter,  a  witness,  or  something  that  would 
impose  on  these  wretched  dupes  and  lead  them  to  take  the  life  of 
Dr.  Cronin  ;  not  because  he  was  traitor  to  Ireland,  but  because 
he  was  a  faithful  servant  of  Ireland,  exposing  the  wrong-doing 
of  adventurers  who  were  preying  upon  her.  I  do  not  know  how 
these  men  had  been  imposed  upon — if  the^'  were  imposed  upon. 
I  do  not  know  w^hat  villainous  means  were  employed  to  convince 
them  that  they  were  dealing  with  a  British  spy.     We  will  never 


THE  APPEAL  TO  THE  JURY.  473 

know  the  history  of  their  purpose  until  some  putrid  conscience 
shows  forth  its  phosphorescent  light  in  the  dark  shadow  of  the 
gallows  and  tells  the  inner  truth  from  a  man  on  the  verge  of  the 
grave. 

''  Jonh  F.  Beggs,  without  Inquiry,  wrote  to  Spelman  that 
Dr.  Cronin  was  the  man  who  read  the  report.  March! — after 
the  flat  had  been  rented;  after  the  trunk  had  been  stowed  away; 
after  the  valise  had  been  laid  away;  while  the  plot  for  the  assas- 
sination of  Dr.  Cronin,  and  the  arrangement  for  the  disposition  of 
his  clothes  and  body  had  been  made — Dan  Coughlin  whispers  in 
the  ears  of  Henry  O'Connor  that  Cronin  was  a  spy. 

"  If  these  men  had  believed  that  Dr.  Cronin  was  a  spy  they 
would  have  taken  some  measures  to  establish  the  fact.  It  wasn't 
because  Dr.  Cronin  was  a  spy  that  they  killed  him.  They  wanted 
to  prevent  the  exposure  of  their  frauds. 

"  Now,  gentlemen,  I  have  but  one  other  alibi  to  attend  to. 
"VVe  have  an  alibi  for  the  white  horse  sworn  to  by  Mr.  Buden- 
bender.  He  says  that  the  horse  that  drove  Dr.  Cronin  awa}^  was 
a  gray  horse  with  dark  legs.  I  shall  not  attempt  to  go  into  the 
details  of  that  alibi  after  Mr,  Ingham's  discussion  of  it.  Buden- 
bender  twice,  in  his  testimony,  changed  his  description  of  the 
man  on  the  sidewalk,  from  Frank  Scanlan  to  the  driver,  and  Mr. 
Allison  had  to  ask  him  which  man  he  was  describing.  He  de- 
scribed four  gray  horses  with  dark  legs.  When  a  man  swears  to 
anything  of  that  kind  to  bolster  up  his  memory,  are  you  going  to 
believe  him  ?  When  he  pretended  to  testify  about  all  these 
horses,  you  know  that  he  was  inventing  testimony;  he  had  no 
recollection  of  it.  He  was  asked  about  the  light  in  which  he  saw 
the  horse.  He  told  Mr.  Forrest  that  it  was  twilight — not  quite 
dark — about  dark.  He  told  Mr.  Ingliam  it  was  full  daylight. 
Before  he  thought  that  the  light  would  have  any  effect  on  the 
color  of  the  horse  he  changed  his  testimony  in  order  to  make 
it  effective.  When  his  attention  was  called  to  the  fact,  he  said 
it  was  daylight,  though  the  electric  lights  were  burning  on  the 
other  side  of  the  horse,  and  you  know  that  May  4,  at  7:30  o'clock, 
it  was  about  dusk. 

"  The  10th  or  11th  of  May  Capt.  Schaack,  along  in  the  after- 
noon or  evening,  drove  Dinan's  white  horse  in  the  rain  up  to 
Mrs.  Conklin's.  I  do  not  want  to  question  the  honesty  of  Capt. 
Schaack  ;  I  do  not  wish  to  be  understood  as  questioning  his  in- 
tegrity ;  I  do  not  question  the  sincerity  of  that  call.    But  I  think 


474  THE  APPEAL  TO  THE  JURY. 

it  was  because  Dan  Coughliii  and  Mike  Whalen  had  satisfied  Capt. 
Schaack  at  that  time,  as  Whalen  said,  that  despatches  had  come 
in  that  Dr.  Cronin  was  alive,  and  so  that  Mrs.  Conklin  was  en- 
tirely mistaken  in  believing  that  anything  had  befallen  him.  He 
went  there  anxious  to  satisfy  his  mind  and  her  mind  that  the 
horse  hired  by  his  old  friend,  Dan  Coughlin,  was  not  the  horse 
that  drove  Dr.  Cronin  away.  It  was  just  as  you  or  I  would  wish 
to  preserve  our  confidence  in  the  integrity  of  an  old  friend  and 
associate.  It  was  just  as  you,  under  the  circumstances,  would 
have  wished  to  satisf}'  yourself  that  a  horse  hired  by  your  old 
friend  was  not  the  horse  which  drove  the  Doctor  away  under 
these  unexplainable  circumstances.  So,  when  it  was  supposed 
that  a  crime  had  not  been  committed,  when  the  dispatches  were 
announcing  the  existence  of  Dr.  Cronin,  were  announcing  that  he 
was  alive  and  well,  and  traveling,  Capt.  Schaack  went  there,  evi- 
dently for  the  purpose  of  convincing  Mrs.  Conklin  that  there  was 
nothing  in  her  suspicion.  That  was  the  belief  in  the  mind  of 
Capt.  Schaack  at  that  time.  Even  Capt.  Schaack  said  that  she 
was  suspicious  of  him,  that  she  acted  with  suspicion  toward  him." 

After  speaking  of  the  identification  of  the  white  horse  by 
Mrs.  Conklin ,  Mr.  Hjmes  went  on : 

"  The  white  horse  was  brought  out.  He  objected.  He 
wanted  the  bay  horse.  Why  ?  Because  he  wanted  a  horse  of  a 
commoner  color — one  not  so  easily  detected.  He  had  some  un- 
lawful, dark  purpose  and  use  for  the  horse;  but  he  was  obliged 
to  take  the  white  one. 

"  Then  he  went  to  Dr.  Cronin's  with  a  bold  front.  An  attempt 
at  disguise  would  excite  the  Doctor's  suspicion.  If  his  errand 
had  miscarried  he  could  have  shaved  off  his  mustache  and  let  the 
chin  whiskers  grow,  and  he  could  have  gone  back  to  his  friend, 
John  F.  Ryan,  at  Hancock,  Mich,  with  credentials  from  Dan 
Coughlin  that  he  had  done  his  duty  well. 

"  That  man  got  to  the  Carlson  cottage  about  8:10  o'clock, 
Mrs.  Hoertel  says,  and  it  would  take  about  that  time  for  him  to 
drive  out  there. 

"  When  the  buggy  got  back  it  had  on  its  wheels  a  certificate 
of  a  drive  through  Lake  View — not  a  drive  toward  the  stock 
yards,  where  Smith's  aunt  lived.  They  had  the  yellow  sand  of 
Lake  View  and  the  boulevard  mud  of  Lincoln  Park  on  them. 
Why  didn't  it  get  back  until  9:30  o'clock.?     Where  was  it  during 


THE  APPEAL  TO  THE  JURY.  475 

that  time  ?  Somebody  in  the  future  will  tell.  Murder  will  out. 
The  inside  history  of  this  most  devilish  of  crimes  will  some  day 
be  blazoned  to  the  world  for  its  horror. 

"  The  horse  was  heated ;  it  was  covered  with  foam ;  it  was 
panting,  and  its  nostrils  were  blowing.  It  had  been  driven  very 
hard.  Where  ?  Was  it  after  the  Doctor  was  safely  landed  in  the 
trap  that  was  laid  for  him  ?  Did  the  driver,  knowing  that  he 
would  never  be  seen  again  alive,  start  off  to  see  the  other  con- 
spirators that  were  to  arrange  for  the  disposal  of  the  body  ? 
Did  he  go  to  report  that  the  bird  had  been  trapped  ? 

"  Dr.  Cronin  disappeared  the  night  of  May  4,  and,  under  the 
circumstances,  it  looks  as  though  no  sane  man  could  have  thought 
that  he  had  not  been  the  victim  of  foul  play.  What  did  O'Sul- 
livan  do  ?  He  admitted  the  contract.  Is  there  another  iceman 
in  Chicago  who  has  made  a  contract  of  this  kind  ? 

"  Is  there  any  general  teaming  establishment  that  has  such  a 
contract.?  There  are  firms  that  employ  1,000  men  who  have  no 
such  contract.  O'Sullivan  had  only  four  or  five  men.  His  own 
doctor  bill  had  not  exceeded  $12  or  $15  a  year.  There  is  no 
reason  why  he  should  pay  $50  for  medical  services  during  five  or 
six  months  of  the  ice  season.     The  contract  in  itself  is  suspicious. 

"  'Would  he  lay  a  trap  for  the  murder  of  his  friend  .?'  asks 
Donahoe.  His  friend  !  Did  O'Sullivan  not  say  that  if  Dr. 
Cronin  had  betrayed  the  Irish  cause  he  deserved  to  be  killed  ? 
He  did  not  defend  the  memory  of  his  friend.  He  was  ready  to 
accept  the  slanders  against  him.  Not  a  word  of  condemnation 
for  a  murder  the  blackest  and  reddest  that  ever  occurred  on  the 
face  of  the  earth.  His  representative  merely  says:  '  I  don't 
know  whether  Dr.  Cronin  was  a  spy,  and  I  don't  care.' " 

"  That's  right,"  interrupted  Donahoe.     "  I  don't  care." 

"  No,  sir ;  you  don't  care,  but  as  an  officer  of  the  court,  as  a 
law-abiding  citizen,  as  a  member  of  this  human  family,  as  a 
Christian  gentleman — I  hope  as  a  man  of  the  common  instincts  of 
mankind,  in  mercy's  name,  in  decency's  name,  in  humanity's 
name,  that  you  find  somewhere  within  the  possibilities  of  your 
character  an  impulse  to  denounce  a  murder  so  infamous  as  that; 
if  you  don't  dare  to  do  it  with  your  client's  retainer  in  your  hand, 
just  one  word  of  condemnation,  or  in  denunciation  of  the  mur- 
der of  a  courageous,  honest  man,  whose  only  fault  was  his  honest 
courage — one  word  in  condemnation  of  these  human  fiends  who 


476  THE  APPEAL  TO  THE  JURY. 

enticed  Dr.  Cronin  to  the  Carlson  cottage  on  an  errand  of  mercy 
and  there  beat  out  his  life. 

*'  What  savagery  and  brutality  has  been  palmed  off  for 
patriotism,  and  has  brought  calamity,  suffering  and  shame  to  the 
face  of  the  Irish  people !  But  in  all  their  history  in  the  past,  and 
in  all  the  history  they  can  make  in  the  future,  this  will  stand  out 
as  the  one  conspicuous  monument  of  shame  against  these  Irish  peo- 
ple, and  upon  the  reputation  and  character  of  the  honorable  gen- 
erosity of  the  race.  Men  of  the  race,  as  a  rule,  sympathize  witli 
sufferers,  sympathize  with  the  weak,  and  it  is  rarely,  if  ever, 
cowardly  as  it  was  in  this  murder,  that  the  honorable  and  cour- 
ageous sentiments  of  the  Irish  character  have  been  perverted  as 
by  this  act. 

"  Think  of  this  man  Patrick  O'Sullivan,  with  his  knowledge, 
gentlemen  of  the  jury,  when  he  was  talking  with  Mr.  Conklin 
and  Mrs.  Conklin,  and  when,  as  he  says,  he  was  drinking  with  his 
friends,  when  he  went  to  his  bed  at  night,  leaving  the  lamp  lighted 
in  his  room;  did  that  ghastly  picture  of  his  dead  friend,  head 
foremost  in  the  sewer,  his  head  beaten  and  battered  with  the  blows 
that  struck  his  life  out,  covered  with  blood — did  the  picture  of 
that  body  ever  haunt  him  when  he  went  to  bed  ?  Did  he  ever 
dare  to  blow  out  his  midnight  lamp  ?  Did  the  horror  of  that 
scene  ever  stir  his  soul  to  one  moment  of  repentance,  one  qualm 
of  conscience,  to  do  justice  to  the  memory  of  Dr.  Cronin,  and  to 
do  justice  to  the  State  ?  Did  it  ever  occur  to  him,  gentlemen  of 
the  jury,  to  clean  his  conscience  and  make  a  clean  breast  of  it  as  a 
last  refuge  of  a  guilty  soul .?" 

A  perceptible  shudder  passed  through  the  audience,  and 
some  persons  shed  tears.  The  delivery  was  dramatic  and  pathet- 
ic. O'Sullivan  betrayed  no  agitation  further  than  half  closing 
his  eyes. 

"No  theory  has  been  advanced  in  explanation  of  Martin 
Burke's  conduct.  His  action  after  the  discovery  of  the  Carlson 
cottage  was  a  confession  of  guilt.  He  might  as  well  have  confessed 
the  whole  crime.  As  soon  as  the  cottage  was  discovered  he  prepared 
to  leave  Chicago.  Would  a  man  going  to  Liverpool,  not  con- 
scious of  having  committed  a  crime,  go  by  way  of  Winnipeg  ? 
The  first  thing  he  does  is  to  fly  to  the  arms  of  Dan  Coughlin's 
friend,  John  F.  Ryan.  Why  did  he  go  under  the  aZi'as  of  Cooper  ? 
He  went  under  a  triangle  of  aliases,  in  honor  of  the  Triangle  he 


THE  APPEAL  TO  THE  JURY.  477 

Was  serving — Delaney,  Williams,  Cooper — the  triangle  ot  aliases. 
He  goes  to  Winnipeg,  and  the  first  thing  he  does  is  to  write  to 
John  F.  Ryan.  A  few  weeks  before  he  could  not  pay  his  board 
at  Joliet.  Why  was  this  patriotic  Irishman  patronizing  P^nglish 
lines  of  railways  instead  of  patronizing  the  lines  of  this  country  } 
He  knew  that  the  murder  would  out,  and  that  the  cold  hand  of 
justice  was  after  him. 

"  Dan  Coughlin  did  not  have  enough  money  to  pay  Dinan. 
This  man  Smith  had  not  paid  his  bill.  Who  doubts  that  he  was 
simply  the  messenger  of  Coughlin  }  Smith  paid  him,  but  he  spent 
the  money.  Here  is  the  impecunious  crowd,  as  they  would  have 
you  believe,  with  enough  money  to  hire  the  best  lawyers  in  Chi- 
cago.    Is  there  no  conspiracy  behind  them  } 

"  For  many  years  the  cause  of  Ireland  has  suffered  by  rea- 
son of  these  charges  of  fraud  against  the  Triangle.  There  are  few 
Americans  who  do  not  sympathize  with  Ireland's  attempt  to  bet- 
ter her  condition,  but  no  rational,  intelligent  Irishman  that  does 
not  believe  that  the  acts  of  these  men  have  been  destructive  to  the 
cause  of  Ireland.  I  believe  that  Irish  liberty  ought  to  be  sought 
by  open  and  honest  warfare.  I  would  like  to  see  home  rule  se- 
cured as  Washington  secured  it,  as  Emmett  sought  it.  Every 
one  of  the  rash  acts  of  the  last  ten  years  has  crippled  the  cause  of 
Ireland. 

"  Some  allusion  has  been  made  by  Mr.  Donahoe  to  myself. 
I  do  not  propose  to  refer  to  it,  except  in  one  respect.  What  pos- 
sible personal  motive  could  I  have,  except  the  motive  that  every 
citizen  should  be  actuated  by,  that  should  control  the  conduct  of 
every  lawyer  engaged  in  the  prosecution  of  a  great  case  like  this  ? 
When  invited  into  this  case  by  the  State's  Attorney  to  assist  in 
the  prosecution,  was  the  fact  that  I  first  saw  the  light  of  day  in 
the  same  land  as  Martin  Burke  going  to  embarrass  my  conduct 
or  hinder  me  in  the  performance  of  my  duty  in  any  respect  ?  A 
scandal  to  my  profession  and  a  shame  and  reproach  to  m3'^  people 
would  I  indeed  be  if  for  one  moment  I  forgot  my  simple  function 
as  an  American  lawyer,  in  an  American  court,  before  an  American 
jury,  pleading  for  the  vindication  of  American  law  !  If  these 
men,  unfortunately  situated  as  they  are  to-day,  have  any  personal 
enemies,  I  do  not  know  them.  I  certainly  have  no  personal  feel- 
ing. I  contemplate  them  only  with  pain,  only  with  regret,  only 
with  shame. 

"  I  want  you  now,  gentlemen  of  the  jury,  to  take  this  case. 


478  THE  APPEAL  TO  THE  JURY. 

It  is  a  great  case  and  a  serious  case.  There  never  was  a  greater 
or  more  serious  duty  devolved  upon  the  judgment,  the  responsi- 
bility, of  any  twelve  men  on  God's  earth.  Your  duty  is  as  sacred, 
it  is  as  important,  as  the  duty  of  the  soldier  who  went  out  to  fight 
for  the  flag  and  maintain  the  unity  of  the  States  and  the  sov- 
ereignty of  the  Constitution.  In  committing  it  to  you,  gentlemen 
of  the  jury,  with  all  its  awful  solemnity,  with  all  its  awful  respon- 
sibility, I  do  it  feeling  confident  that  in  the  breast  of  every  one 
of  these  twelve  men  there  beats  the  heart  of  an  honorable,  honest, 
patriotic  and  law-abiding  man  and  citizen.  I  commit  it  to  you, 
feeling,  gentlemen,  that  your  verdict  will  be  the  verdict  of  your 
conscience,  a  verdict  that  your  conscience  and  judgment  will  ap- 
prove, a  verdict  that  the  court  will  ratify,  and  that  God  will  sanc- 
tify, and  that  will  vindicate  the  law  and  commit  the  guilty  to  a 
just  punishment.'' 


Chapter  V. 

The  Case  for  Beggs— William  A.  Foster  Takes  the  Floor— Amenities 
between  Counsel — The  Clan-na-Gael  not  on  Trial — Private 
Vengeance  instead  of  Public  Justice — Beggs*  Life  an  Ogen 
Book — His  Assistance  to  the  State — '^  My  Client  is  not  a  Fool, 
Tool  or  Dupe" — Dr.  Cronin  was  a  Dynamiter — The  Election 
in  Camp  20 — A  Curious  Omission — Compliments  for  Mr. 
Ingham — '*  Don't  Forget  Beggs  " — A  Heated  Debate — Beggs 
at  the  Reunion — "  Tell  All  You  Know" — An  Eloquent  Sum- 
mary. 

)ILLIAM  A.FOSTER,  Beggs'  attorney,  followed  Mr. 
Hynes,  and  among  the  many  things  in  his  speech  which 
deserve  to  be  remembered  was  the  manner  in  which  he 
treated  Mr.  Hynes'  absence  from  the  court-room  during  his  speech. 
This  fact  of  Hynes'  absence  was  a  source  of  disappointment  and 
perplexity  to  Mr.  Foster,  for  he  had  a  number  of  things  to  say, 
and  did  say,  to  and  about  Mr.  Hynes,  which  he  expressed  himself 
as  not  wanting  to  say  in  Mr.  Hynes'  absence.  He  justified  him- 
self, however,  by  declaring  it  wasn't  his  fault  that  Mr.  Hynes  was 
absent.  Mr.  Ingham  only  dropped  in  for  a  little  while  late  in  the 
afternoon.  So  that  Judge  Longenecker  and  Kickham  Scanlan 
were  alone  in  keeping  watch  and  ward  over  the  interests  of  the 
State. 

Only  once  or  twice  did  Mr.  Longenecker  interrupt  Mr. 
Foster.  Once  he  did  so  to  object  to  the  statement  that  Dr. 
Cronin  was  a  dynamiter.  This  interruption  lasted  two  or  three 
minutes  before  Mr.  Foster,  at  the  suggestion  of  the  court,  veered 
the  trend  of  his  argument  a  little  so  as  to  avoid  this  particularly 
objectionable  feature.  The  interruption  ended  in  a  little  colloquy 
in  which  Mr.  Foster  said  of  a  remark  made  by  the  State's  Attorney 
that  "it  was  worn  threadbare,  not  a  particle  of  the  woof  being 
left."     "  That's  too  bad,"  rejoined  Mr.  Longenecker,  "  since  you 

(479) 


480  THE  APPEAL  TO  THE  JURY. 

have  stopped  the  shuttles  and  smokestacks  in  Ireland,"  referring 
to  like  expressions  Mr.  Foster  had  used  in  picturing  the  industrial 
decline  of  the  Emerald  Isle. 

Mr.  Foster  rather  got  even  for  this  sally  in  another  part  of 
his  speech,  when  dwelling  upon  the  character  of  the  special  counsel 
employed  in  behalf  of  the  prosecution.  This  he  addressed  to  the 
State's  Attorney  rather  than  to  the  jury.  In  it  he  used  compli- 
mentary and  flattering  terms  toward  Mr.  Longenecker,  which 
from  their  connection  the  public  prosecutor  didn't  know  whether 
to  accept  at  their  face  value  or  to  discount  them  to  the  extent  of 
receiving  them  as  implied  rebuke. 

. '  Mr.  Foster's  address  was  an  eloquent  one.  His  sentences  were 
well  balanced,  his  periods  well  rounded,  and  his  phrases  were  as 
clear  and  sharp  cut  as  new  mintage.  His  voice  is  ngt  nearly  as 
sonorous  as  Mr.  Hynes',but  it  is  strong,  sustained  and  well  modu- 
lated. Of  gesture  he  is  liberal,  though  not  prodigal,  and  his 
earnestness  was  demonstrated  by  a  curious  little  incident.  He 
was  reading  the  stenographic  report  of  the  testimony  of  one  of 
the  witnesses  in  a  strong,  firm  voice,  when  he  came  across  the 
words  in  the  report:  " '  Speak  louder,'  said  Mr.  Longenecker." 
Unconsciously,  in  the  earnestness  with  which  he  was  reading,  he 
immediately  raised  his  voice  and  continued  the  reading  in  a  voice 
pitched  at  least  a  third  or  a  fifth  higher  than  that  in  which  he  be- 
gan it. 

In  dealing 'with  the  causes  that  led  to  the  formation  of  Irish 
secret  societies,  Mr.  Foster  managed  to  ring  in  a  part  of  an  ad- 
dress made  by  Beggs  to  President-elect  Harrison,  and  a  part  of 
Mr.  Harrison's  reply.  He  dwelt  on  the  candor  Beggs  had  shown 
throughout  the  investigation,  saying:  "  His  life  has  been  an  open 
book."  The  only  remarks  Beggs  ever  made  concerning  Dr. 
Cronin,  Mr.  Foster  said,  were  testified  to  by  the  witnesses  O'Keefe 
and  Cornelius  Flynn.  One  of  these  remarks  was  that  Dr.  Cronin 
ought  not  to  have  been  on  the  trial  committee,  which,  Mr.  Foster 
said,  was  true.     The  other  was  that  Dr.  Cronin  was  not  a  fit  man 


THE  APPEAL  TO  THE  JURY.  481 

to  belong  to  any  Irish  society.  This,  Mr.  Foster  said,  was  a 
proper  conclusion  from  the  information  Beggs  had  when  he  made 
it.  Of  Beggs'  connection  with  the  great  conspiracy,  as  shown  by 
his  election  as  Senior  Guardian  of  Camp  20,  Mr.  Foster  said  that 
was  the  merest  accident,  and  the  circumstances  of  that  election, 
so  far  from  showing  it  was  a  part  of  the  design  of  the  conspiracy, 
showe^,  if  anything,  the  very  contrary.     Mr.  Foster  said: 

"  The  prosecution  in  this  as  in  every  other  case  has  a  duty  to 
perform.  In  its  performance  of  this  no  right-thinking  citizen 
has  a  right  to  complain.  But  citizens  of  this  State  and  of  other 
States  have  a  right  to  object  when  verdicts  involving  human  life 
are  returned  under  the  influence  of  impassioned  eloquence.  When 
human  life  is  taken  under  such  influence,  whether  it  be  the  influ- 
ence of  ingenious  suppression  of  facts,  or  adroit  combina?tiong  of 
circumstances,  or  by  the  sheer  force  of  the  prosecution,  it  is  mur- 
der in  the  worst  degree,  in  the  cruelest  form.  The  judge  on  the 
bench  has  responsibilities  in  such  cases  which  some  lawyers,  and 
they  some  of  the  brightest  ornaments  of  the  bar,  have  refused  to 
accept.  The  public  prosecutor  has  grave  responsibilities  in  such 
cases,  and  so  have  the  attorneys  for  the  defense.  But  the  grave 
responsibility  rests  upon  the  jury.  In  its  hands  in  all  such  cases 
rest  the  life  and  death  of  the  defendants.  In. your  hands  rests 
the  life  of  my  client,  John  F.  -Beggs. 

"  However  tired  you  are,  I  believe  you  will  give  me  your 
attention  while  I  present  as  I  see  it — as  I  believe  it — the  cause  of 
my  client. 

"  Dr.  Cronin  was  murdered.  A  more  cold-blooded,  dastardly, 
heinous  murder  was  never  committed.  But  shall  an  innocent  man 
be  punished  because  of  the  atrocity  of  the  crime  ? 

''As  Judge  Longenecker  said — and  I.  am  grateful  to  him  for 
having  said  it — the  question  of  whether  the  Clan-na-Gael  society 
is  an  organization  that  ought  not  to  be  allowed  to  exist  is  not  one 
for  you  to  determine.  Your  oath  does  not  bind  you  to  determine 
it.  Nor  is  the  question  here  one  of  religion.  John  F.  Beggs 
must  be  convicted  of  the  murder  of  Dr.  Cronin  or  set  free. 
There  is  no  question  here  of  whether  John  F.  Boggs  is  a  Catholic 
or  not;  whether  he  is  a  member  of  the  Clan-na-Gael  or  not.  The 
plain  question  is  whether  John  F.  Beggs  killed  Dr.  Cronin.  To 
that  question  alone  your  oath  is  directed — an  oath  which  binds 
the  integrity  of  man  to  the  throne  of  eternal  justice — and  with 
that  I  am  content." 


482  THE  APPEAL  TO  THE  JURY. 

Mr.  Foster  said  there  were  some  things  of  which  he  com- 
plained because  he  had  a  right  to  complain. 

**  The  office  of  State's  Attorney  of  Cook  County  is  one 
much  sought  after.  It  is  an  honorable  office  and  a  remunera- 
tive one.  The  people  have  called  to  fill  that  office  my  learned 
friend,  Judge  Longenecker.  The  law  provides  well  for  his  re- 
muneration. It  provides  him  with  five  assistants  and  a  stenog- 
rapher, making  six.  It  requires  of  him  and  them  that  every  case 
should  be  fully  and  fairly  presented  to  a  jury.  Yet  when  the 
very  first  arrest  in  this  case  is  made,  the  opposition  camps,  as  they 
are  called  —  those  who  hate  these  defendants  and  clamor  for  the 
blood  of  my  client  —  pass  by  the  State's  Attorney  and  his  assist- 
ants, looking  for  their  own  agents.  And  first,  out  of  all  the  2,100 
members  of  the  bar  of  this  county  they  select  William  J.  Hynes, 
a  man  who  lives  in  the  courts  —  a  man  of  matchless  powers  as  a 
trial  lawyer.  Then  they  take  the  cool-headed  Ingham,  who  was 
almost  raised  in  criminal-court  rooms,  whose  special  business  it  is 
in  every  case  he  prosecutes  to  see  that  errors  do  not  creep  into 
the  record.  One  would  think  this  was  enough.  But  to  these 
they  add  Mills,  whose  fame  extends  far  beyond,  the  prairies  of 
this  beautiful  State — Mills,  the  peerless  orator.  Upon  these 
men  is  placed  the  heavy  weight  of  this  prosecution.  State's  At- 
torney Longenecker  requests  them  to  assist  him.  Mr.  Mills 
makes  the  closing  argument  by  request. 

"  It  never  was  contemplated  that  verdicts  should  be  extorted 
from  juries  by  the  force  of  eloquence.  I  complain  of  this  be- 
cause I  fear  it.  The  great  element  of  hatred  in  this  case  did  nob 
misjudge  the  men  they  employed." 

Next,  taking  up  the  question  of  the  Clan-na-Gael  society, 
this,  he  said,while  not  an  issue  in  the  case,  had  become  an  impor- 
tant factor  in  it.  He  pictured  the  desolation  English  tyranny 
had  wrought  in  Ireland  during  the  last  century. 

"  Free  speech  being  throttled^  the  Irish  patriots  gathered  in 
secret  societies.  Is  my  client  to  be  severely  censured  for  follow- 
ing the  example  of  that  honest  patriot,  Pat  McGarry  ?  the  exam- 
ple of  John  F.  Finerty  —  of  Matthew  P.  Brady —  of  William  J. 
Hynes.?  They  were  members  of  this  organization  before  my 
client  was." 

Mr.  Foster  then  went  into  a  panegyric  on  the  loyalty  to  the 


THE  APPEAL  TO  THE  JURY.  483 

stars-and-stripes  of  the  Irish- American  citizens,  supporting  it  by 
a  number  of  ilkistrations,  including  an  extract  from  an  address 
made  by  Beggs  on  behalf  of  the  Irish-American  Republican  Club 
to  President-elect*  Harrison,  at  Indianapolis,  and  Mr.  Harrison's 
reply.  Proceeding,  he  touched  on  the  correspondence  between 
Beggs  and  Spelman. 

"  Of  this  the  first  intimation  Mr.  Longenecker  had  —  as  you 
have  heard  from  his  own  lips  —  he  got  from  my  client.  From 
the  beginning  to  the  end  of  this  matter,  John  F.  Beggs'  life  has 
been  an  open  book,  'known  and  read  of  all  men.'  He  it  was  who 
first  told  Judge  Longenecker  that  he  had  letters  from  Spelman, 
and  told  him  where  they  were  and  how  to  get  them.  At  his 
request  Spelman  was  sent  for,  because  he  had  letters  written  by 
my  client.  There  isn't  a  man  who  ever  put  pen  to  paper  who  has 
not  written  something  which,  if  confronted  in  critical  circum- 
stances, might  be  his  death-knell,  but  which,  at  the  time  and  un- 
der the  circumstances  it  was  written,  was  perfectly  innocent.  If 
John  F.  Beggs  had  any  guilty  knowledge  when  those  letters  were 
written,  would  he  be  the  one  to  direct  attention  to  them  ?  My 
client  is  not  a  fool ;  neither  is  he  a  tool  or  a  dupe. 

"  The  only  words  John  F.  Beggs  ever  said  in  relation  to 
Dr.  Cronin  are  testified  to  by  the  witnesses  O'Keefe  and  Cornelius 
Fl3^nn.  They  are  the  only  words  testified  to;  they  are  the  only 
words  he  ever  used.  O'Keefe  saj'S  that  in  the  summer  of  1888, 
right  after  the  reunion  convention,  they  wer6  talking  about  the 
trial  committee,  and  Beggs  said  that  Dr.  Cronin  ought  not  to  be  a 
member  of  the  trial  committee.  It  is  not  disputed  that  Beggs 
said  that.  He  said  it  because  he  thought  it  ;  he  thought  it  be- 
cause it's  true.  Why,  the  proof  shows  that  Dr.  Cronin  was  one 
of  the  accusers  of  the  Triangle.  We  resent  in  the  minor  affairs 
of  life  the  idea  of  an  accuser  acting  also  as  judge.  Beggs  was 
right. 

"  Cornelius  Fly nn  says  that  in  that  same  conversation  Beggs 
said  Dr.  Cronin  was  not  a  fit  man  to  belong  to  any  Irish  society. 
What  were  the  circumstances  surrounding  that  remark  ?  Why, 
Cronin  had  been  expelled  from  the  order ;  right  or  wrong,  he  had 
been  expelled.  I  will  grant  it  was  a  wrongful  expulsion.  Then 
he  had  gone  to  work  organizing  rival  societies,  under  practically 
the  same  name  and  using  the  same  number  as  the  camp  from  which 


484  THE  APPEAL  TO  THE  JURY. 

he  had  been  expelled.  Now,  Beggs  was  not  a  member  of  the  order 
until  two  years  after  Dr.  Cronin's  expulsion.  This  looked  to 
him,  as  it  would  look  to  a  member  of  any  organization,  like  a 
very  reprehensible  thing.  But  that  isn't  all.  Flynn  says  that 
Beggs  said  Dan  Coughlin  would  make  an  affidjtvit  that  Dr.  Cronin 
had  admitted  members  into  the  camp  without  initiation.  On  the 
authority  he  had,  no  wonder  Beggs  said  Dr.  Cronin  was  not  fit  to 
belong  to  any  Irish  society. 

"  When  we  walk  the  narrow  streets  of  the  city  of  the  dead 
we  are  on  sacred  ground.  He  who  would  say  aught  but  good  of 
the  dead  should  have  good  reason  for  speaking.  With  a  full 
sense  of  this  responsibility  I  shall  say  what  I  am  about  to  say. 
For  the  words  spoken  by  John  Beggs,  for  which  you  are  asked  to 
strangle  him,  were  said  while  Dr.  Cronin  was  alive;  and  therefore 
I  have  a  right  —  it  is  my  duty  —  to  put  before  you  the  circum- 
stances under  which  they  were  said.  There  were  other  reasons 
why  Beggs  might  have  opposed  Dr.  Cronin.  Dr.  Cronin  was  a 
dynamiter." 

The  State's  Attorney  offered  a  vigorous  protest  to  this, 
claiming  not  only  that  it  was  not  so,  but  that  he  had  offered  to 
prove  that  Dr.  Cronin's  objection  to  the  Triangle  grew  out  of 
their  dynamite  policy. 

"  At  least,"  continued  Mr.  Foster,  after  the  interruption,  "  at 
least  in  his  minority  report,  while  he  has  censure  for  the  Triangle 
because  they  embezzled  $100,000,  he  censures  them  because  they 
did  not  spend  it  as  they  said  they  did,  in  sending  men  and  dyna- 
mite to  England,  to  kill  and  mangle  innocent  men,  women  and 
children.  Dr.  Cronin  may  not  have  been  a  dynamiter.  The  only 
full  and  accurate  information  on  that  subject  attainable  is  from 
William  J.  Hynes,  for  he  is  a  dynamiter." 

Mr.  Foster  then  proceeded  to  answer  the  argument  Mr.  Hynes 
had  made  against  Beggs  from  his  association  with  Burke.  This 
argument  Mr.  Foster  said  was  unfair.  The  only  proof  of  asso- 
ciation was  that  Burke  and  Colleran  were  in  Beggs'  office  twice 
in  January  and  once  in  February,  and  that  they  went  there  to  get 
his  influence  to  secure  them  employment  in  the  city  sewer  depart- 
ment, Beggs  at  that  time  being  president  of  the  Irish-American 


THE  APPEAL  TO  THE  JURY.  485 

Republican  Club,  and  supposed  to  have  influence  with  the  city- 
ad  ministration. 

Mr.  Foster  next  showed  how  Beggs  came  to  be  elected  Senior 
Guardian  of  Camp  20.  Anthony  J.  Ford  had  been  Senior  Guard- 
ian for  four  years,  and  had  been  elected  for  the  fifth  time.  He 
begged  the  camp  not  to  compel  him  to  serve  again,  and  in  a  com- 
plimentary speech  he  nominated  Beggs,  and  Beggs  was  elected. 
There  was  no  plot  in  it.  It  was  an  accident.  "  And  yet,"  con- 
cluded Mr.  Foster,  "  if  Mr.  Beggs  had  not  been  foolish  enough 
to  be  flattered  by  Mr.  Ford  into  accepting  that  position  he  would 
be  a  free  man  to-day." 

Mr.  Foster  then  went  into  the  curious  circumstance  that,  after 
having  Thomas  Murphy,  the  treasurer  of  Camp  20,  examined  by 
the  grand  jury,  and  after  giving  his  name  to  the  defense  as  one 
of  their  witnesses,  the  State  had  not  put  him  upon  the  stand — 
although,  had  there  been  a  conspiracy  in  Camp  20,  Murphy,  the 
holder  of  the  cash-box,  must  have  known  of  it,  and  his  books 
must  have  shown  it,  for  the  evidence  proved  that  much  money 
was  paid  out  under  the  State's  theory — and  it  was  only  by  showing 
a  conspiracy  in  Camp  20  that  his  client,  John  F.  Beggs,  could  be 
touched. 

After  a  searching  and  lengthy  consideration  of  the  testimony 
of  the  various  members  of  the  Clan-na-Gael  who  were  introduced 
upon  the  stand,  Mr.  Foster  declared: 

"  Now,  gentlemen,  take  this  record  from  the  beginning  to  the 
end,  and  where  is  there  a  witness  who  pretends,  suggests,  urges 
or  states  that  this  matter  of  the  appointment  of  a  secret  committee 
or  any  action  in  reference  to  the  matter  brought  before  the  camp 
by  Captain  O'Connor  ever  came  before  the  camp  more  than  once. 
If  you  are  going  to  take  the  knowledge  and  ingenuity  of  <aioquent 
counsel  upon  w  hich  to  decide  the  question  and  ignore  the  fact, 
then,  not  being  a  match  for  those  eloquent  gentlemen  who  pre- 
ceded and  discussed  the  question,  I  have  nothing  to  say.  Nothing 
I  can  say  will  be  effective.  There  is  the  record.  You  know 
whether  I  have  spoken  the  truth,  and  so  do  my  friends,  and  if  I 
have  made  a  mistake  I  demand  that  they  correct  me." 


486  THE  APPEAL  TO  THE  JURY. 

"  Dennis  O'Connor  claims  that  a  committee  was  appointed  to 
go  to  Cronin's  camp,"  said  the  State's  Attorney.  "  Here  is  his 
testimony." 

"  Then  I  have  not  read  the  record  through,"  angrily  replied 
Mr.  Foster.  "  If  the  statement  was  made  that  a  secret  committee 
was  appointed  for  any  purpose,  then  I  have  lost  my  reason  and 
don't  know  what  I  am  talking  about." 

'*  The  record  shows  that  a  committee  was  appointed  to  visit 
Cronin's  lodge  and  investigate  the  matter,"  repeated  the  State's 
Attorney.  "  I  don't  know  that  he  testified  that  it  was  a  secret 
committee." 

"  Who  denied  it  ?"  inquired  Mr.  Foster. 

"  You  did,"  replied  the  State's  Attorney. 

"  No,  I  did  not,"  retorted  Mr.  Foster.  "'  I  have  been  met 
with  suggestions  that  a  committee  was  appointed  by  Beggs  to  try 
Cronin.  I  say  it  is  a  lie.  No  such  committee  was  appointed, 
and  the  witness  has  yet  to  be  born  who  will  come  into  court  and 
swear  to  the  object  of  that  committee  or  its  appointment.  It  is 
as  false  as  hell,  unsupported  by  a  single  syllable  of  evidence,  and 
I  challenge  the  whole  record  to  contradict  my  statement.  I  know 
he  said  that,  in  his  judgment,  the  motion  for  the  appointment  of 
a  committee  was  carried.  I  have  not  falsified  the  record  nor  at- 
tempted to  do  so;  and  it  made  me  mad,  cool  as  my  nature  may 
be,  when  my  client's  life  is  in  jeopardy,  to  have  men  continually 
insinuate  and  interpolate  to  the  jury  in  the  jury-box  that  there  is 
evidence  that  a  committee  was  appointed  to  murder  Dr.  Cronin. 
No  adjective  in  the  English  language  known  to  me  is  sufficiently 
strong  to  express  my  views  and  sentiments  when  those  charges 
are  made,  because  they  are  as  false  as  hell.  I  came  to  Chicago  a 
stranger  three  years  and  a  half  ago.  I  was  desirous  of  becoming 
acquainted  with  as  many  of  the  leading  members  of  the  bar  as  I 
could.  I  very  early,  by  reason  of  my  association  with  an  impor- 
tant case,  made  the  acquaintance  of  my  then  much  admired  and 
still  much  esteemed  friend,  George  C.  Ingham.  I  was  told  by 
one  of  the  leading  lawyers  of  Chicago  that  he  was  an  honest  man» 
That  same  member  of  the  bar  said  to  me:  '  He  has  been  a  prose- 
cutor in  the  Criminal  Court  for  years,  and  his  prosecution  is 
honest.'  He  never  demanded  the  conviction  of  a  man  who  in 
his  judgment  was  not  guilty.  He  has  argued  this  case  from  the 
beginning  to  the  end,  gentlemen,  and  almost  forgot  the  name  of 
John  F.  Beggs  while  hurling  denunciations  on  all  the  other  de- 


THE  APPEAL  TO  THE  JURY.  487 

fendants.  You  will  remember  he  said :  '  I  have  now  about  con- 
cluded what  I  desire  to  say  to  you,'  when  there  was  a  buzz  went 
around  the  counsel  on  the  opposite  side.  Mr.  Mills  spoke  to 
Scanlan,  and  lie  wrote  out  in  letters  as  large  as  those  on  the  poster, 
which  were  flaunted  before  my  eyes  as  Ingham  read  them:  '  Don't 
forget  Beggs  and  the  letters.'  " 

"  That  is  a  mistake,"  said  Kickham  Scanlan,  rising.  "  I  did 
not  write  that  or  anything  of  the  kind.     You  are  mistaken." 

"  If  it  were  not  a  mistake  it  should  not  be  commented  upon, 
Mr.  Foster,"  sharply  remailied  the  court. 

"Then,  if  you  didn't  write  it,  who  did.?"  angrily  inquired 
Mr.  Foster.  "  Some  one  did.  I  saw  him  hand  it  to  Ingham,  and 
will  stake  my  reputation  and  life  on  it." 

"  You  are  not  a  witness,  Mr.  Foster,"  said  Judge  McConnell, 
emphatically. 

"I  have  done  with  it,"  replied  Mr.  Foster.  "You  will  re- 
member, gentlemen,  that  Mr.  Ingham  turned  to  Beggs  and  said: 
'  In  this  arrangement  four  of  the  defendants  were  members  of 
the  same  organization,'  and  the  letter  of  Beggs  itself  to  the  dis- 
trict officer  shows  the  foreboding  of  danger.  Did  George  C. 
Ingham  ever  turn  to  you  and  ask  the  conviction  of  John  F. 
Beggs  ?  Think  of  it.  Did  he,  either  by  reference  to  the  testi- 
mony or  any  conclusion  he  drew,  lead  you  to  infer  that  John  F. 
Beggs,  in  his  opinion,  w^as  guilty  of  any  offense  ?  George  C. 
Ingham  is  an  honest  man.  But  they  tell  us  there  is  another 
branch  of  this  case  that  establishes  the  guilt  of  John  F.  Beggs, 
and  I  desire  to  call  your  attention  to  it.  I  stated  toiyou  yester- 
day that  the  most  damaging  evidence,  if  damaging  it  is,  against 
John  F.  Beggs,  are  the  letters  which  he  wrote  to  Spelman  and 
which  Spelman  wrote  to  him,  and  which  were  furnished  to  the 
State  by  my  client  Beggs.  That  fact  you  will  remember  I  proved 
by  putting  Judge  Longenecker  on  the  stand.  You  will  also  re- 
member that  W.  J.  Hynes  made  considerable  capital,  or  attempted 
to  do  so,  in  his  argument  about  a  protest  being  made  by  O'Sulli- 
van  in  Camp  20  on  the  8th  of  February  relative  to  Deputies  get- 
ting into  the  camp,  but  the  proof  shows  that  that  matter  did  not 
come  up  in  the  camp  until  two  months  after.  My  brother  Hynes 
knows  that  just  as  well  as  you  know  it,  yet  he  conceals  it."  Mr. 
Foster  then  read  and  discussed  the  letter  written  by  John  F. 
Beggs  to  Senior  Guardian  Spelman,  and  his  reply,  to  show  that 
the  contents  of  those  letters  were  in  accordance  with  the  resolu- 


■■<*y 


488  THE  APPEAL   TO  THE  JURY. 

tions  passed  by  Camp  20,  and  continued :  "You  are  invited  to  ber 
lieve,  gentlemen,  that  not  only  did  these  defendants  enter  into  a 
conspiracy  and  take  means  to  carry  out  that  conspiracy,  but  it  in- 
volved three  hundred  and  eighty  members  of  their  camp. 

*'  And  yet  these  are  the  matters,  gentlemen,  that  you  are 
asked  to  guess  at,  because  there  is  no  evidence  presented  on  the 
matter,  and  after  listening  to  the  eloquent  remarks  of  counsel  you 
are  invited  to  destroy  the  life  which  God  has  given  to  my  client. 
Are  you  going  to  destroy  his  life  on  any  such  guess-work  pro- 
ceedings ?  They  ask.  you  why  it  was  he  wrote  that  letter  on  the 
very  day  that  a  man  went  to  Revell's  to  buy  furniture  for  the 
flats.  We  will  never  know  why  it  happened  thus.  Millions  of 
men  do  millions  of  things  at  about  the  same  time,  and  because 
two  things  happen  as  a  coincidence  is  that  any  reason  why  we 
should  take  my  client  out  to  the  jail  yard  and  strangle  him  ?" 

Discussing  the  reunion  meeting  on  the  22nd  of  February, 
Mr.  Foster  said 

"Oh,  but  they  say  Beggs  put  his  hand  upon  his  breast  and 
said  :  ^Alexander  Sullivan  has  friends  in  this  house,  and  I  am 
one  of  them.'  1  guess  that  he  did  say  that.  I  haven't  any 
doubt,  gentlemen,  but  what  he  said  that.  I  have  no  doubt  but 
John  F.  Beggs,  in  his  disgust  at  the  language  that  had  been 
used  after  he  had  pleaded  so  long  and  earnestly  for  unity,  felt 
like  defending  any  man  that  might  be  assailed. 

"  Hang  him  because  he  is  a  friend  of  Alexander  Sullivan  !  I 
do  not  know  whether  he  is  a  friend  of  Alexander  Sullivan  or  not  1 
I  do  know  that  Alexander  Sullivan  has  been  arrested  in  this 
case;  I  do  know  that  he  has  been  discharged  under  the  evidence 
by  one  of  the  ablest  and  oldest  jurists  that  sits  upon  the  bench  in 
this  city ;  I  do  know  his  case  has  been  presented  to  the  grand 
jury  and  the  bill  ignored;  I  do  know  that  the  bond  under  which 
he  was  required  to  answer  was  released  and  he  is  a  free  man.  Now, 
in  the  name  of  conscience — in  the  name  of  Heaven — will  they  ask 
you  to  convict  my  client  because  he  is  the  friend  of  another  man 
they  despise,  but  against  whom  they  cannot  prove  any  criminal 
act  ?     Hang  him  for  his  friends  ! 

''  Now,  there  is  another  matter,  gentlemen,  to  which  I  desire 
to  call  your  attention.  I  can  imagine  that  an  Irishman,  with  all 
the  hardships  of  his  father  in  his  mind,  and  all  the  hardships  to 
which  he  has  been  subjected,  might  feel  as  if  he  could  take  a  dag- 


THE   APPEAL  TO  THE  JURY.  489 

ger  and  plunge  it  in  the  heart  of  a  British  spy,  and  then  kneel 
down  before  his  God  and  ask  a  blessing  of  the  Divinity  upon  him. 
But  John  F.  Begins  never  believed  that  Dr.  Cronin  was  a  British 
spy.  John  F.  Beggs  is  not  deserving  of  mercy  if  he  stood  at  the 
head  of  that  cruel  conspiracy  to  effect  Dr.  Cronin 's  murder.  No 
words  of  condemnation,  no  thought  of  pity,  not  one  syllable 
would  I  say  in  his  behalf  were  he  guilty  of  tliis  atrocious,  cold- 
blooded murder,  because  John  F.  Beggs  is  the  dupe  of  no  man.  He 
is  the  tool  of  no  man.  He  stands  forth  responsible  for  his  acts, 
without  a  mitigating  circumstance  if  he  i:  guilty.  Therefore,  I 
say  to  you,  gentlemen,  in  all  candor  and  sincerity,  you  must  either 
destroy  the  life  of  John  F.  Beggs  or  else  3'ou  must  turn  him  free. 

*' Are  yuu  opposed  to  the  execution  of  the  death  penalty.? 
You  and  each  one  of  you  have  sworn  that  you  were  not.  Are  you 
waiting  for  a  murder  more  atrocious?  In  tiie  name  of  Heaven, 
when  do  you  expect  to  hear  of  one  ?  I  am  talking  sense  now.  I  am 
appealing  to  your  reason  and  your  judgment.  If  John  F.  Beggs 
is  guilty,  John  F.  Beggs  must  die.  Shame  to  the  verdict,  shame 
to  the  verdict,  I  say,  which,  under  the  circumstances  surrounding 
this  case,  would  say,  'We  will  not  torture  our  minds  and  we  have 
not  the  moral  turpitude  to  hang  a  man  ui)on  this  evidence,  but, 
by  guessing  and  imagining  and  speculating  that  he  might  be 
guilty,  we  will  give  him  a  term  in  the  penitentiary  upon  general 
principles  and  upon  speculation.'  Shame  to  such  a  verdict  as 
that.  Humanity  can  stand  no  such  outrage  perpetrated  upon  her 
citizens.  I  said  yesterday  that  the  conduct  of  John  F.  Beggs  had 
been  an  open  book  before  you.  Wh}',  when  the  organization  of 
the  Coroner's  jury  was  effected,  one  of  the  members  of  Camp 
20,  Captain  Thomas  O'Connor,  rushed  to  Beggs,  as  the  highest 
officer  in  the  camp,  and  said  :  '•How  about  the  secrets  of  the  or- 
ganization? I  have  been  subpoanaed  as  a  witness.'  What  was 
his  reply  ?  Was  it  concealment  ?  Captain  O'Connor,  the  most 
prejudiced  witness  in  this  case  againstmy  client,  the  man  who  has 
more  feeling  than  any  other  man  against  my  client,  is  compelled 
by  truth  to  say  that  John  F.  Beggs  said  :  'Tell  everything  you 
know.' 

''  Where  was  the  concealment  then  ?  When  the  men  who 
are  interested  in  the  i)rosecution  of  the  murder  of  Cronin,  when 
the  men  who  have  devoted  the  energies  of  their  lives  to  the  pros- 
ecution of  these  defendants,  the  finding  out,  the  spying  out  and 
determining  of  the  guilt}^  parties,  go  to  the  Senior  Guardian,  and 


490  THE  APPEAL   TO  THE  JURY. 

say  :  *What  shall  we  do  when  summoned  before  the  officers  of 
the  law  in  regard  to  the  secrets  of  the  society  ?'  they  are  met 
with  the  prompt  response  :  'Tell  everything  you  know.'  No 
concealment.  No  covering.  No  destruction  of  records.  'Tell 
everything  you  know.' 

"  How  was  it  with  Luke  Dillon,  who  came  from  Philadelphia, 
interested  in  the  prosecution  of  this  case,  going  home,  whining 
like  a  sick  child,  squealing  like  a  stuck  pig,  because  the  investiga- 
tion was  going  too  far,  and  giving  to  the  public  the  secrets  of  the 
organization.     But  Beggs  says  :  'Tell  everything  you  know.* 

"  Gentleman,  my  client  has  already  suffered  too  much  in  this 
case.  He  is  ruined.  A  young  man  who  has  blossomed  out  in  a 
noble  profession  is  forever  ruined.  It  requires  but  a  charge  of 
this  kind,  it  matters  not  what  your  verdict  may  be,  and  the  stain 
is  fastened  upon  his  skirts,  and  there  it  must  stay  forever.  He 
has  already  suffered  too  much.  I  have  no  peroration  to  make.  I 
demand  your  cool,  deliberate  judgment,  and  that  is  all  I  ask.  I 
make  no  appeal  to  your  sympathy.  On  behalf  of  myself,  and  on 
behalf  of  Beggs,  and  of  my  associates,  I  extend  to  you  thanks  for 
the  kind  and  patient  manner  in  which  3^ou  have  listened  to  the 
testimony  and  listened  to  my  efforts  at  an  argument. 

"  I  hope  the  time  is  short  when  he  will  be  able  to  thank  each 
one  of  you,  to  take  each  one  of  you  by  the  hand  and  in  person 
thank  you  for  his  deliverance,  and  then  may  you  be  returned  to 
the  loved  ones  at  home,  and  may  he  be  returned  to  the  bosom  of 
his  loved  wife,  for  love  makes  the  world  so  small  that  all  the 
beauty  is  in  one  face,  all  the  music  in  one  voice  and  all  the  rap- 
ture is  in  one  kiss.     G-entiemen,  I  thank  you.'' 


Chapteb  VI, 

The  Last  Word  for  the  Prisoners — Forrest's  Wonderful  Address — 
An  Ingenious  and  Forcible  Plea — "  The  Jury  is  Bound  to 
Acquit" — The  Law  of  Reasonable  Doubt — Whose  was  the 
Hidden  Hand  ? — Suspiciously  Prodigious  Memories — The 
Futility  of  Expert  Evidence — As  to  Mrs.  Hoertel — ''  F.  W.'s" 
Handwriting — Coughlin  and  Kunze — Mrs.  Conklin's  Mis- 
takes— A  Motiveless  Crime — An  Appeal  for  Burke — ''No 
Peroration  Have  I  " — "  Do  Your  Duty." 

„.,,  ND  now  was  to  come  the  last  word  for  the  prisoners. 
LJl    Mr.  Forrest  began  his  speech  on  Saturday  and  ended  it 


on  Wednesday,  December  11th.  From  the  first  to  the 
last  he  held  the  attention  of  the  jury  with  an  attraction 
that  never  wavered,  by  the  sheer  force  and  ingenuity  of  his  argu- 
ment. His  address  was  admirably  planned,  both  in  its  scope  and 
in  its  details.  In  a  general  way  he  followed  the  same  design  that 
Judge  Wing  and  Mr.  Donahoe  did.  He  sought  to  raise  a  reasonable 
doubt.  But  he  went  further  than  they.  Judge  Wing  had  espec- 
ially directed  his  efforts,  in  the  main,  to  showing  that,  taken  for 
all  that  was  claimed  for  it,  still  the  State's  evidence  left  a  reason- 
able doubt.  Mr.  Forrest  went  into  the  details  of  that  evidence  to 
show  that  a  great  deal  of  it  was  valueless,  more  of  it  was  untrust- 
worth}^  and  almost  all  of  it  should  be  received  with  caution.  He 
appealed  to  the  jury  to  acquit,  not  because  of  a  lingering  suspic- 
ion or  suggestion  that  the  defendants  might  not  be  guilty,  but  to 
acquit  because  the  evidence,  considered  in  the  light  of  the  tests 
prescribed  by  the  law,  absolutely  failed  to  prove  them  guiPty, 
and  therefore  the  jury  was  bound  by  their  oath  to  acquit. 

The  first  part  of  his  speech  was  an  explanation  of  the  law  of 
reasonable  doubt,  and  criticising  the  case  as  presented  by  the 
State,  and  comparing  it  with  the  work  of  the  defense.     That  of 

(491) 


492 


THE  APPEAL   TO  THE  JURY. 


the  defense,  he  said,  was  the  analytic  method — the  method  adopted 
by  the  truthseekers  in  every  department  of  inquiry.  The  State, 
ignoring  analysis,  considered  everything  together,  and  where 
evidence  failed  supplied  conjecture  or  assumption. 

Next  he  examined  the  indictment,  which  alleges  that  death 
was  caused  by  the  violence  of  blows  on  the  head,  face  and  body,  and 
death  must  be  proved  to  have  occurred  in  that  way  and  no  other. 


William  S.  Forrest. 

From  this  he  proceeded  to  show  that  the  proof  utterly  failed  to 
establish  the  exact  cause  of  death,  and  that,  therefore,  the  jury 
must  acquit.  The  allegation  of  the  cause  of  death  as  due  to  vio- 
lence, instead  of,  as  the  truth  is,  by  meaijs  unknown,  he  said,  was 
a  blunder  on  the  part  of  the  State's  Attorney  for  which  the  jurors 
were  not  responsible  and  to  correct  which  they  were  not  called  on 
to  violate  their  oaths — to  leap  beyond  the  evidence  and  assume  a 
cause  of  death  when  the  witnesses  could  find  none. 

Following  his  treatment  of  the  evidence  in  regard  to  tlie 
cause  of  death,  Mr.  Forrest  took  up  the  evidence  in  regard  to  the 


THE  APPEAL  TO    THE  JURY.  493 

route  taken  by  the  wagon  on  the  night  of  May  4,  containing  tlie 
trunk  and  the  three  men.  With  a  big  map  held  up  before  the 
jury  by  Mr.  Donahoe  and  Judge  Longenecker  he  pointed  out  llie 
points  at  which  the  wagon  was  seen  and  their  relation  to  the  loca- 
tion of  the  Carlson  cottage. 

The  evidence  showed  that  the  wagon  was  first  seen  on  Ful- 
lerton  Avenue,  near  Cooper  Street,  one  of  the  witnesses  testify^ing 
that  it  Game  from  across  the  railroad  tracks  beyond  Clybourn 
Avenue.  From  this  he  argued  that  if  it  had  come  from  the  Carlson 
cottage  a  route  had  been  taken  leading  through  unpaved  streets 
and  a  thickly  settled  district,  where  policemen  were  numerous,  and 
the  chances  of  being  seen  greatly  increased,  and,  withal,  a  circuit- 
ous route  instead  of  a  shorter  one  over  better  streets  and  through 
a  thinly  settled  neighborhood.  He  argued  that,  to  conclude  that 
the  horse  and  wagon  seen  by  the  officers  on  that  night  came  from 
the  Carlson  cottage,  the  jury  must  assume  the  object  of  the  men 
on  the  wagon  was  to  ride  around  all  night  and  increase  the  chances 
of  being  caught. 

The  trunk  was  brought  in,  and  Mr.  Forrest  contended  from 
the  appearance  of  the  lock  that  it  never  was  kicked  or  broken 
open  from  the  outside;  for,  if  it  had  been,  the  hasp  would  have 
been  bent  or  the  lock  torn  off ,  leaving  the  indentations  in  the  wood 
on  the  lov^er  side  of  the  lock.  As  a  matter  of  fact,  as  Mr.  Forrest 
showed,  the  hasp  was  not  bent,  nor  were  there  indentations  as  in- 
dicated. On  the  other  hand,  there  were  marks  indicating  that 
the  lock  had  been  pried  off. 

The  statement  made  by  Lord  Brougham  on  the  trial  of 
Queen  Caroline,  that  in  making  up  a  plot  "  that  might  pul^  an 
honest  man's  life  in  danger  or  ruin  the  reputation  of  an  illustrious 
princess  "  but  one  witness  should  be  called  to  a  single  fact,  and 
another  to  a  confirmatory  fact — this,  Mr.  Forrest  broadl}^  hinted, 
was  what  had  been  done  in  this  case,  and  referred  to  the  fact  that 
but  one  witness  ever  heard  Dan  Coughlin,  Burke  or  O'SuUivan 
say  Cronin  was  a  spy.     But  one  witness  heard   Williams  say   to 


494  THE  APPEAL  TO  THE   JURY, 

O'SuUivan  that  "  the  cottage  is  rented."  But  one  witness  saw  a 
trunk  in  the  Carlson  cottage.  And  so  on  through  a  long  list  of 
important  matters.  As  to  those  facts  testified  to  by  a  number  of 
witnesses — as,  for  instance,  the  description  of  the  man  who  drove 
the  white  horse — Mr.  Forrest  criticised  the  evidence  because  the 
witij.esses  agreed  even  in  the  language  they  used  in  the  minutest 
details.  As  to  this  evidence  he  quoted  the  statement,  from  "  Taylor 
on  Evidence,"  "Essential  truth  under  circumstantial  variety.'* 

"  Those  who  differ  with  me  on  the  subject  of  circumstantial 
evidence,"  said  Mr.  Forrest,  "  say  '  witnesses  may  lie,  but  facts 
cannot.*  Like  all  maxims,  it  is  only  a  half-truth.  The  inference 
to  be  drawn  from  facts  takes  its  color  from  the  preconceived  no- 
tions of  those  who  draw  the  inferences.  Thus  when  the  barbar- 
ians saw  a  viper  fasten  on  St.  Paul's  hand,  they  said  he  was  a 
robber.  But  when  they  saw  no  harm  come  to  him  they  said  surely 
he  is  a  God.  Both  inferences  were  wrong.  And  Lenox,  Mac- 
duff and  other  chieftains  erroneously  assumed  first  that  the 
grooms  had  murdered  the  king  because  their  hands  and  faces  were 
all  covered  with  blood,  and  so  were  the  daggers;  and  next  that 
they  were  suborned  by  the  king's  two  sons,  who  had  stolen  away 
and  fled.  They  were  guilty,  therefore  they  had  fled ;  they  had 
fled,  therefore  they  were  guilty.     Thus  they  reasoned  in  a  circle. 

"  Why  should  I  read  to  you  cases  showing  the  unreliability 
of  circumstantial  evidence  ?  You  have  seen  it  demonstrated  right 
here  in  this  case.  The  State's  Attorney  in  his  opening  told  you 
that  on  May  6  Martin  Burke  entered  a  tinshop  with  a  tin  box 
which  he  had  carefully  soldered;  that  that  box  undoubtedly  con- 
tained  Dr.  Cronin's  clothes,  which  were  to  be  sent  to  England  and 
there  placed  on  a  corpse  to  be  afterward  identified  as  that  of  Dr. 
Cronin.  The  circumstances  seemed  to  prove  it.  That  was  the 
theory  not  only  of  the  State's  Attorney  but  of  the  whole  world. 
AnM  yet  by  mere  accident  Dr.  Cronin's  clothes  are  found  in  a 
valise  in  a  sewer  in  Lake  View,  showing  that  neither  Martin  Burke 
nor  anybody  else  put  the  clothes  in  a  box.  They  never  were  in  a 
box.  They  never  were  sent  across  the  sea  to  England.  But  see 
how  difficult  it  is  for  us  to  prove  a  negative.  Call  the  accident 
by  which  the  clothes  were  found  what  you  will — call  it  chance  or 
Providence — call  it  what  you  will,  it  did  for  Martin  Burke,  the 
humble  laborer,  what  his  counsel  and  all  the  witnesses  in  the  world 


THE  APPEAL  TO  THE  JURY.  495 

could  not  do.  Yet,  supposing  that  this  accident  had  not  happened, 
and  you,  believing  the  assertion  so  confidently  made  by  the  State's 
Attorney,  had  found  Burke  guilty  on  that  supposition,  what  justi- 
fication could  you  have  made  to  the  people  of  the  State  of  Illinois, 
to  your  God,  to  your  conscience  ?" 

Mr.  Forrest  said  one  of  the  attorneys  had  asked  what  differ- 
ence it  made  whether  the  alleged  remarks  of  Beggs  about  a  secret 
committee  to  report  to  him  alone  were  made  on  May  3  or  May  10. 

"  It  makes  all  the  difference  in  the  world  to  the  other  de- 
fendants. If  made  May  3,  and  you  believe  there  was  a  conspiracy, 
it  is  evidence  against  all  of  them.  If  made  May  10,  it  is  evidence 
against  Beggs  only.  If  you  acquit  Beggs,  as  you  must,  then  you 
must  dismiss  from  your  consideration  all  the  Camp  20  evidence. 

"  There  are  several  unknown  men  in  this  case.  We  cannot 
ascertain  who  they  are,  but  we  can  ascertain  who  they  are  not. 
They  are  the  principal  actors  in  this  drama,  and  they  are  not 
members  of  Camp  20.  Let  us  see  who  they  are.  They  were  Si- 
monds  and  his  associate  ;  the  three  men  on  the  wagon  ;  the  man 
who  wrote  the  letter  from  Hammond,  Ind. ;  the  driver  of  the  car- 
riage ;  the  two  men  seen  in  front  of  the  place  on  the  night  of 
May  13  ;  the  man  that  was  met  there  one  night  by  Carlson,  and 
two  others  whose  positions  I  do  not  just  remember.  That  makes 
twelve.  There  has  be^n  a  suggestion  of  a  hidden  hand  in  this 
case.  May  not  some  of  these  unknown  men  have  been  the  agents 
of  that  hidden  hand  instead  of  my  clients  ?" 

Mr.  Forrest  said  there  was  something  remarkable  about  every 
one  of  the  witnesses  for  the  State.  They  were  the  most  observ- 
ant people  in  the  world. 

"  They  had  the  most  prodigious  memories.  They  had  eagle 
eyes  for  every  circumstance.  They  were  like  the  owl — they  saw 
better  by  night  than  by  day.  They  fixed  dates  and  hours  not  by 
any  great  public  event,  but  by  something  they  themselves  did, 
which  was  usually  something  more  remarkable  than  the  thing  to 
which  they  testified." 

As  an  instance  of  this,  Mr.  Forrest  rapidly  ran  over  the  tes- 
timony of  a  number  of  the  witnesses,  pointing  out,  as  he  did  so, 
the  peculiarities  he  had  just  mentioned.  Of  Mrs.  Conklin,  he 
said  that  she  saw  more  of  the  white  horse  throusrh  a  window  and 


496 


THE  APPEAL   TO  THE  JURY. 


a  mosquito  screen  than  Dinan  had  learned  in  all  the  time  he  had 
owned  the  horse. 

Then  he  touched  on  the  interest  witnesses  have  to  pervert 
the  truth,  not  willfully  always,  but  unconsciously. 

In  the  afternoon  Mr.  Forrest  took  up  the  question  of  the 
cause  of  death.     It  had   been  charged,  he  said,  that  this  was  a 


Coughlin's  Wife  and  Child. 

mere  technicality,  and  to  dwell  on  it  went  to  show  the  weakness 
of  the  defense.     lie  said  : 

"  Gentlemen,  I  am  engaged  in  a  fight  for  these  men's  lives, 
and  if  it  were  a  mere  technicality  I  should  insist  on  it  ;  I  should 
make  no  apology  for  it.  But  it  is  not  a  technicality,  because,  if 
acquitted,  we  could  be  tried  again  on  an  indictment  charging 
death  from   causes  unknown.     We  miarht  be  tried  at  least  jQLve 


THE   APPEAL  TO  THE  JURY.  497 

times  by  varying  the  statement  of  the  cause  of  death.  They 
might  charge  death  by  strangulation,  and  make  a  strong  case  on 
it,  for  remember  the  body  was  found  with  a  towel  tied  around  the 
neck,  tied  in  a  half -knot — not  a  double  knot — a  half-knot.  So 
that  this  is  not  a  technicality.  The  charge  here  is  that  Dr.  Cronin 
died  from  violence  caused  by  wounds  about  the  head,  face  and 
body.  The  burden  of  proof  is  on  the  State  to  prove  the  charges 
made.  They  haven't  proved  that  death  was  caused  by  the  vio- 
lence of  those  wounds.  Many  of  you  said  in  the  beginning  that 
you  were  prejudiced  against  us,  but  you  swore  by  the  ever-living 
God  that  you  would  try  this  case  according  to  the  law  and  the 
evidence.  Y*t  you  are  asked  to  leap  beyond  the  evidence  to 
find  a  cause  of  death,  when  the  witnesses  themselves  couldn't,  all 
because  Longenecker  blundered." 

Mr.  Forrest  then  took  up  the  evidence  of  Drs.  Egbert,  Per- 
kins and  Moore,  reading  extracts  from  their  testimony,  showing 
that  they  all  agree  that  death  was  not  produced  from  blood-letting. 

"  That  theory  was  an  afterthought  after  the  Clan-na-Gael  got 
control  of  the  prosecution."  Then  Mr.  Forrest  showed  that, 
though  these  doctors  had  given  it  as  their  opinion  that  death  was 
due  to  concussion  or  compression,  yet  they  say  there  was  no  evi- 
dence of  concussion  or  compression. 

"  They  say  there  was  no  evidence  of  chronic  brain  disease, 
therefore  there  was  no  brain  disease  ;  but  there  was  no  evidence 
of  concussion  or  compression,  therefore  that  was  the  cause  of 
death.  The  doctor  for  the  defense,  Dr.  Edmund  Andrews,  the 
leading  surgeon  of  the  Northwest,  corroborates  the  doctors  for 
the  State  when  thej^  say  that  there  was  nothing  from  which  the 
cause  of  death  could  be  determinefl.  The  cause  of  death  is  un- 
known. If  the  court  instructs  you  that  the  allegation  of  the 
cause  of  death  must  be  proved  beyond  a  reasonable  doubt,  you 
can't  find  these  men  guilty.  I  am  only  asking  3'ou  to  keep  the 
contract  you  made  when,  looking  me  in  the  eye,  3'ou  promised 
to  try  this  case  on  the  law  and  the  evidence.  I  ask  no  more,  I 
expect  no  less. 

"  Mr.  Longenecker  said  dates  were  important.  I'll  show  you 
how  important  they  are.  Dr.  Moore  testified  on  October  26. 
His  was  the  last  evidence  on  the  question  of  the  cause  of  death. 
Tl'.e  testimony  is  that  it  could  not  be   determined   whether   the 


498  THE  APPEAL  TO  THE   JURY. 

wounds  found  were  ante-mortem  or  post-mortem.  It  wouldn't 
do  to  let  this  evidence  go  with  such  an  element  of  doubt.  They 
must  prove  that  these  wounds  were  inflicted  before  death.  You 
remember  |t  was  October  26  that  Dr.  Moore  testified;  October  31 
we  received  notice  that  Mrs.  Hoertel  would  testify — Mrs.  Hoertel, 
who  saw  the  buggy,  the  man  get  out  of  it  and  go  into  the  house; 
who  heard  the  blows  rained  down  on  the  unfortunate  man's  head; 
who  heard  him  cry,  '  O  God!  O  Jesus  1';  who  heard  his  dying 
moan,  and  then  thought  no  more  about  it  until  Capt.  Schuettler 
finds  her.'* 

Mr.  Forrest  then  gave  a  graphic  account  of  how  the  wounds 
on  the  head  and  face  might  have  been  inflicted  wBen  the  body 
was  thrown  into  the  catch-basin  or  when  it  was  taken  out.  He 
passed  to  a  discussion  of  the  route  taken  by  the  wagon  containing 
the  trunk,  and  from  that  to  the  trunk  itself.  He  called  attention 
to  the  fact  that  the  key  was  found  by  a  trunk-maker.  Officer 
Lorch ;  that  the  officer  first  testified  that  he  found  it  May  25, 
several  days  after  Schuettler  and  Wing  and  Hiott  had  been  in  the 
cottage.  Afterward  he  took  the  stand  and  said  it  was  May  23  he 
found  the  key ;  but  on  cross-examination  he  could  tell  what  he 
was  doing  on  every  day  for  a  week  except  the  25th.  He  more 
than  hinted  that  the  key  had  been  placed  there  to  be  found,  and 
that  the  paint  on  it  might  readily  have  got  on  it  by  its  being 
dipped  into  the  pot  of  paint  found  there.  The  fact  that  the  paint 
extended  to  the  same  point  on  each  side  of  it  rather  suggested  to 
his  mind  that  such  was  the  case. 

When  he  resumed  his  address  on  Tuesday  morning  Mr. 
Forrest  returned  to  Mrs.  Hoertel  and  discussed  the  laws  of  asso- 
ciation, by  which  one  fact  is  remembered  from  its  association 
with  another.  From  this  he  deduced  the  proposition  that  Mrs. 
Hoertel  had  nothing  to  guide  her  memory  as  to  what  night  it 
was  she  6aw  the  white  horse  driven  up  to  the  Carlson  cottage. 
Although  she  said  it  was  the  Saturday  night  of  the  week  she  be- 
gan the  suit  against  Ertel,  the  saloon-keeper,  that  didn't  help  her 
any,  because  it  wasn't  the  same  day,  nor  was  there  any  connec- 


THE  APPEAL  TO  THE  JURY.  499 

tion  between  the  two  events.  On  the  other  hand,  when  the  wit- 
ness Salzman  testified  that  it  was  May  8*  when  Mrs.  HoerteFs 
husband  spoke  about  putting  a  new  lock  on  the  door  he  was  corrob- 
orated by  the  law  of  association,  because  that  was  his  birthday, 
the  day  his  wife  paid  the  rent,  and  because  at  the  time  the  rent 
was  being  paid  Salzman  spoke  al)out  its  being  his  birthday,  and 
Hoertel  contributed  twenty-five  cents  for  the  purchase  of  beer  to 
calebrate  the  occasion,  and  the  further  associated  fact  that  during 
the  good  feeling  provoked  by  the  beer  Hoertel  said  he  was  going 
to  put  a  new  lock  on  the  door  to  keep  out  his  wife. 

As  to  the  episode  of  the  knives  he  asserted  that  Mr.  Hynes* 
statement  of  the  probability  of  two  men  having  two  knives 
exactly  alike  being  one  chance  in  a  million  was  proof  of  the  im- 
probability of  Mr.  Conklin's  identification.  "  Instead  of  looking 
up  the  different  varieties  of  knives,"  he  said,  "  the  special  counsel 
for  the  State  should  have  looked  up  the  different  classes  of  liars 
there  are  in  Chicago  to  see  if  he  could  properly  classify  T.  T. 
Conklin." 

Mr.  Forrest  declared  that  there  was  not  a  single  circumstance 
testified  to  since  the  Coroner's  inquest  but  had  been  fabricated. 
One  of  his  most  ingenious  illustrations  of  what  he  meant  by  this 
was  his  treatment  of  the  testimony  of  Mertes  and  Mrs.  Hoertel. 
His  theory  was  that  after  Mrs.  Conklin  failed  to  identify  the 
white  horse  the  police  proceeded  to  manufacture  testimony  against 
O'Sullivan  —  poor  Pat  Sullivan  was  the  term  Mr.  Forrest  used. 
For  this  purpose  Mertes  was  found  and  induced  to  tell  his  story 
about  the  buggy  with  the  bay  horse  with  the  white  face.  The 
description  of  the  man  who  got  out  of  the  buggy  and  went  into 
the  cottage,  as  Mertes  gave  it  to  OflScer  Crowe,  was  exactly  the 
description  given  of  Dr.  Cronin  by  Mrs.  Conklin.  But  later  Mrs. 
Conklin  identified  the  white  horse.  This  upset  the  former 
calculations.  They  must  get  somebody  else  into  the  buggy 
with  the  bay  horse.  Accordingly  Mrs.  Hoertel  is  discov- 
ered.    She  sees  the  white  horse  and  the  Doctor  getting  out  of  the 


500  THE  APPEAL   TO  THE  JURY. 

buggy  and  going  into  the  cottage.  In  order  not  to  have  the 
two  seeing  the  same  thing,  the  time  must  be  very  nicely  calcu- 
lated. That  is  the  reason  Mrs.  Hoertel  sees  the  clock  in  Ertel's 
saloon,  and  does  what  no  one  else  ever  did  —  remembers  six 
months  afterward  just  the  exact  hour  she  looked  at  the  clock. 

Taking  up  the  blood-stains  in  the  Carlson  cottage,  Mr.  For- 
rest said : 

"Witnesses  have  testified  that  there  was  blood  —  or  what 
appeared  to  be  blood  —  in  the  various  rooms  of  the  cottage,  on 
the  walls  and  steps,  and  Wardell  said  he  saw  it  on  the  sidewalk 
leading  from  the  gate.  He  says  he  saw  it  there  next  morning, 
but,  of  course,  that's  only  his  opinion.  He  had  to  think  back  to 
fix  the  date,  and  he  may  have  fixed  it  correctly  or  he  may  have 
not.  The  witnesses  were  only  allowed  to  say  it  appeared  to  be 
blood,  because  there  are  about  twenty  stains  that  look  like  blood- 
stains. It  takes  two  processes  to  show  that  a  stain  is  a  blood- 
stain—  a  chemical  process  and  a  microscopical  examination  — 
for  there  are  certain  al^ce  which  under  the  microscope  look  like 
corpuscles. 

"  I  was  interested  in  noticing  how  a  man's  predisposition 
will  influence  his  testimony.  Take  Officer  Lorch.  He  says  there 
was  blood  up-stairs  in  the  front  room,  in  the  back  room,  on  the 
wall  —  everywhere.  He  was  sure  it  was  blood.  He  knew  the 
stains  under  the  paint  were  blood.  When  I  asked  him  if  he  saw 
any  cotton  batting  in  the  basement  he  said,  'Yes;'  but  when  I 
asked  him  if  there  was  blood  on  it  he  said  he  didn't  know  —  he 
didn't  see  that.  Yet  the  reporter  Jones  says  he  smeared  the  cot- 
ton batting  with  a  liver  and  got  lots  of  blood  on  it.  Lorch 
didn't  want  to  see  the  blood  on  the  cotton  batting ;  he  did  want  to 
see  it  on  the  floor  and  wall." 

He  ridiculed  the  evidence  of  Mr.  Tolman,  whom  he  sarcas- 
tically called  Professor  Tolman.  He  ridiculed  his  examination 
of  fifty -six  corpuscles,  when  experts  agreed  that  two  hundred  was 
the  least  number  that  should  be  examined.  Tolman  also  only 
examined  the  large  ones,  because,  as  he  said,  he  was  "  not  look- 
ing for  boys."  Yet  the  rule  was  that  all  the  round  corpuscles, 
big  and  little,  should  be  examined.  Mr.  Forrest  ridiculed  in  the 
same  manner  Mr.  Tolman's  evidence  about  the  lanugo  or  fuzz  he 


THE   APPEAL  TO  THE  JURY.  501 

found  in  the  one  drop  of  blood.  Mr.  Forrest  told  the  jury  that 
in  a  cubic  millimeter  of  blood,  which  is  a  quantity  smaller  than 
the  size  of  a  pinhead  —  there  are  5,000,000  corpuscles.  Mr.  Tol- 
man  must  have  had  a  quantity  equal  to  a  cubic  millimeter,  and 
yet  ho  examined  only  fifty-six  of  them.  The  specific  gravity  of 
the  liquid  used  by  Mr.  Tolman  in  saturating  the  corpuscles  was 
attacked  by  Mr.  Forrest.  Tolman,  he  said,  used  a  liquid  of  too 
high  a  specific  gravity.  His  liquid  was  of  the  specific  gravity  of  ■ 
blood,  which  includes  the  serum,  tlie  corpuscles  and  the  fibrin, 
while  he  should  have  used  the  specific  gravity  of  serum  alone. 
Mr.  Forrest  claimed  that  among  5,000,000  corpuscles  of  ox  blood 
there  might  be  found  fifty-six  corpuscles  of  a  size  corresponding 
to  human  corpuscles.  So  that  Mr.  Tolman's  testimony  amounts 
to  nothing.  The  prosecuting  attorney  admitted  this  when  he 
said  he  "  didn't  care  anything  about  the  blood  corpuscles,"  but 
he  spent  the  money  of  this  county  to  find  out  about  something 
he  now  says  he  didn't  care  for. 

Mr.  Forrest  next  touched  on  the  letter  signed  "  F.  W."  He 
said: 

"Old  Mr.  Carlson  says  that  along  about  May  19  or  20  he 
went  to  Patrick  O 'Sullivan  and  told  Patrick  O 'Sullivan  that  he 
had  received  a  letter  signed  'F.  W.'  He  did  not  tell  him  the 
substance  of  the  letter,  but  he  gave  it  almost  sentence  by  sentence. 
His  testimony  is  in  the  record.  If  he  had  intended  to  commit 
the  letter  to  memory  for  the  purpose  of  getting  the  contents  into 
the  record  he  would  have  done  exactly  what  he  did  do.  The 
letter  was  not  introduced  in  evidence,  and  I  will  tell  you  why. 
The  letter  was  not  offered  because  if  it  was  offered  the  hand- 
writing would  have  had  to  go  in,  and  it  would  have  been  proved 
that  the  handwriting  was  not  the  handwriting  of  Martin  Burke. 
Very  clever.  Don't  introduce  the  letter — the  handwriting  goes 
with  it.  It  is  signed  F.  W.  Get  somebody  to  commit  the  letter 
to  memory.  Go  to  Pat  O'Sullivan  and  read  it  to  him,  and  then 
you  can  get  in  evidence  the  conversation.  Very  clever.  We 
will  keep  out  the  letter.  Tiie  letter  was  the  best  evidence,  but 
they  got  in  other  evidence  because  it  was  the  talk  with  Pat 
O'Sullivan." 


502  THE  APPEAL   TO  THE  JURY. 

Mertes'  identification  of  Coughlin  and  Kunze  was  attacked. 
His  story  to  Judge  Wing  when  the  latter  inquired  of  him  what  he 
knew  of  the  case  was  commented  on,  and  tlie  conclusion  arrived 
at  that  Mertes  was  wholly  untrustworthy  and  incidental!}'  that 
the  police,  who  assumed  to  tell  witnesses  not  to  talk  about  their  evi- 
dence to  any  one,  were  guilty  of  attempting  to  suppress  evidence. 
He  read  from  Mertes'  testimony,  showing  that  on  the  stand  Mertes 
at  first  swore  he  had  never  ^een  Kunze  from  the  time  he  identified 
him  at  the  police  station  until  he  saw  him  after  taking  the  stand. 
But  on  his  cross-examination  he  admitted  that  he  had  been  called 
in  by  a  detective  early  in  the  morning  and  saw  Kunze.  "Yet 
Mertes  is  the  man  who  only  lies  at  his  own  home,"  concluded 
Mr.  Forrest,  by  way  of  clinching  his  argumentative  impeachment 
of  the  witness. 

Then  Mrs.  Hoertel  came  in  for  another  shot.  Her  story,  he 
said,  was  that  she  remained  out  all  night  on  the  front  steps,  until, 
questioned  closely,  she  remembered  that  if  she  were  on  the  front 
steps  all  night  a  policeman  might  have  seen  her  and  might 
remember  such  an  unusual  circumstance;  so  then  she  says  she 
went  around  to  the  back  steps.  She  didn't  go  to  any  of  the 
neighbors  to  seek  shelter  or  protection.  She  didn't  even  go  to 
the  Salzmans,  on  the  floor  below,  who  were  her  tenants,  and,  as 
the  evidence  shows,  on  good  terms  with  her.  Such  improba- 
bilities he  did  not  think  the  jury  would  believe.  He  warned  the 
jurors  not  to  let  their  sympathies  for  a  woman  who  was  in  trouble 
with  a  saloonkeeper  get  away  with  their  judgment. 

The  watchmaker  Kettner's  testimony  of  having  seen  Dan 
Coughlin  on  Lincoln  Avenue  May  4,  he  said,  had  very  little 
value  because  of  the  impossibility  of  being  certain  about  the 
date.  Kettner  fixed  the  date  as  the  day  on  which  he  received  two 
watches  to  repair,  but  as  that  and  seeing  Dan  Conghlin  were 
wholly  dissociated  facts,  that  was  no  guide. 

Kunze's  connection  with  Dan  Coughlin  was  then  taken  up. 
This,  he  explained  from  the  evidence,  grew  out  of  the  fact  that 


THE   APPP:AL  to  the  jury.  503 

Kunze  had  a  letter  and  a  telegram  from  the  president  of  the 
Whisky  Trust,  which  Coughlin,  at  the  instance  of  Tom  Lynch,  got 
away  from  him  by  getting  him  drunk.  Then  Kunze  boasted  that 
he  had  a  third  paper  from  the  same  source,  and  Tom  Lynch 
wanted  that.  As  Koch  testified.  Lynch  and  Coughlin  were  up  at 
his  house  to  find  Kunze;  but  Kunze  had  moved  to  the  South 
Side.  It  was  while  Coughlin  was  looking  for  Kunze,  if  at  all, 
that  the  telephoning  between  O' Sullivan  and  Coughlin  took  place, 
and  it  was  about  Kunze,  because  Coughlin  was  trying  to  find 
him.  Kunze  said  he  was  afraid  he  was  going  to  be  arrested  in 
the  Cronin  case,  because  Koch  told  him  the  officers  said  so,  and 
they  had  said  so.  Mr.  Forrest  described  Kunze  as  a  man  with  a 
very  vivid  imagination.  That  accounted  for  his  talk  about 
buying  a  horse  from  O'Sullivan,  and  nearly  all  the  other  con- 
versations that  had  been  proved  against  him.  "Acquit  Kunze 
you  must,"  said  Mr.  Forrest,  "and  then  the  testimony  of  Mertes, 
of  Nieman  and  of  Kettner  disappears  from  this  case." 

O'Sullivan's  alibi  was  next  taken  up,  and  on  the  basis  of  his 
favorite  maxim,  "essential  truth  with  circumstantial  variety," 
Mr.  Forrest  showed  it  was  perfectly  proved.  Dan  Coughlin's 
alibi  was  discussed.  "  *  Where  was  Dan  Coughlin  on  the  night  of 
May  4  ?'  says  the  special  counsel  for  the  State,'*  exclaimed  Mr. 
Forrest. 

"Remember  the  burden  of  proof  is  on  the  State,  and  that  the 
presumption  of  innocence  is  evidence  for  the  defendants.  Dan 
Coughlin  told  Chief  Hubbard  on  the  first  interview  that  he  didn't 
know  where  he  was  during  the  day,  but  he  knew  he  was  at  the 
station  at  night.  That  is  evidence,  and  it  is  uncontradicted. 
Mike  Whalen  says  he  saw  him  there  at  7 :30  o'clock,  and  again 
two  hours  later.  Nobody  but  the  special  counsel  for  the  State 
says  he  stood  there  in  front  of  the  station  for  two  mortal  hours; 
but  Carberry,  on  the  same  night,  says  he  stood  in  front  of 
Dannahy's  saloon  for  one  and  a  half  mortal  hours.  Redmond  Mc- 
Donald, whose  beat  is  just  on  the  other  side  of  the  street,  says 
when  he  saw  Coughlin  he  seemed  to  have  just  come  from  Clark 
Street." 


504  THE  APPEAL  TO  THE   JURY. 

On  Wednesday,  Mr.  Forrest  took  up  Mrs.  Conklin's  evidence. 
He  attacked  her  identification  of  the  white  horse  in  the  light 
of  what  she  had  said  to  Capt.  Schaack  and  to  the  reporter  Glenn. 
He  attacked  it  in  the  light  of  Budenbender's  testimony.  But  the 
main  assault  was  derived  from  her  own  testimony.  This  he  said  was 
suspicious  at  every  point  ;  it  was  unreasonable  and  contradictory. 
The  peculiar  swinging  motion  she  described  of  the  horse's  front 
limbs  from  the  knees  down,  which  he  termed  a  "balance-all" 
movement,  was  a  physical  impossibility,  he  claimed.  Yet  this 
was  what  she  particularly  depended  on  for  her  identification, 
though  she  never  told  a  living  soul  except  her  husband  about  it 
till  she  testified  before  the  grand  jury.  She  said  nothing  about  it 
to  Capt.  Schaack  when  he  asked  her  for  a  description  of  the  horse. 
Dinan  never  noticed  it.  Nobody  ever  noticed  it  but  Mrs.  Conklin. 
Her  exclamation  to  Beck,  when  he  drove  the  horse  up  in  front 
of  her  house  and  told  her  he  had  an  old  friend  down  in  front, 
Mr.  Forrest  characterized  as  strained  and  unnatural.  "  When 
people  want  to  counterfeit  the  truth  they  think  they  must  do 
something  remarkable,"  he  said. 

Coughlin's  connection  with  the  hiring  of  the  white  horse  was 
next  discussed.  Mr.  Forrest  combated  the  inference  that  the 
May  5th  interview  between  Coughlin  and  Dinan  showed  Coughlin 
in  a  suspicious  light.  Coughlin  said:  "What's  the  matter, 
Dinan  ;  you  look  excited  .?"  The  assumption  in  the  IJuestion  was 
correct.  Dinan's  answer,  that  it  was  time  he  got  excited  when 
policemen  came  around  before  he  was  up  to  inquire  if  his  white 
horse  was  out  Saturday  night,  showed  he  was  excited.  So  did  his 
t  ilk  to  Coughlin  later,  after  Mrs.  Conklin  had  failed  to  identify 
the  horse.  When  Coughlin  asked  him,  "Are  you  satisfied  now.?'* 
he  replied:  "  Yes,  I  am  satisfied.'*  It  showed  he  wasn't  satis- 
fied on  May  6th.  It  shows  he  was  excited,  ^hen  Dinan 
spoke  of  the  horse  being  out  Saturday  night  there  flashed 
across  Coughlin's  mind  the  thought  of  his  friend,  and  he 
asked,  "What  horse  did  my  friend  have?"  But  why  ask  the 
question,  said  Mr.  Forrest,  if  he  knew  all  about  it  ?     Then,  when 


THE  APPEAL  TO  THE   JURY.  505 

Coughlin  found  it  was  the  white  horse,  he  said:  "  Keep  it  quiet; 
Cronin  and  I  have  not  been  friends  for  a  year  and  a  half."  "See," 
said  Mr.  Forrest,  "  he  doesn't  say,  '  Cronin  and  I  have  been 
enemies  for  four  years,'  but  '  we  have  not  been  friends  for  a  year 
and  a  half.'  It  took  a  policeman — Chief  Hubbard — to  remember 
that  he  said:  '  Cronin  and  I  have  been  enemies  for  four  years.' 
They  wanted  somebody  to  get  it  back  just  that  far  in  order  to 
connect  it  with  a  plot  that  wasn't  introduced  in  evidence." 

Proceeding  to  the  motive  of  the  crime,  Mr.  Forrest  said 
Coughlin  had  none.  The  evidence  of  motive  rested  on  the  testi- 
mony of  Henry  Owen  O'Connor,  Riley  and  Quinn,  Sampson 
and  Garrity.  O'Connor  swore  that  Coughlin  said  there  was  a 
rumor  that  Cronin  was  a  spy.  The  evidence  made  it  probable 
that  there  was  such  a  rumor,  and  the  repetition  of  a  rumor  was  not 
evidence  of  a  motive  to  kill.  Riley  swore  that  Coughlin  said  that 
if  a  certain  prominent  Catholic  didn't  keep  his  mouth  shut  he 
would  get  the  worst  of  it.  Quinn  said  he  used  the  words  "  North 
Side  Catholic."  These,  Mr.  Forrest  thought,  were  clearly  an  in- 
terpolation. But  suppose  they  were  not.  There  was  nothing  to 
show  Dr.  Cronin  was  meant,  or,  if  he  was,  that  there  was  a  desire 
to  murder  him.  Maj.  Sampson  and  John  Garrity  came  in  for 
such  a  scoring  as  would  have  raised  blisters  on  the  hide  of  a 
rhinoceros.  Sampson's  depravity  was  characterized  as  unutter- 
able, and  Garrity,  it  was  declared,  by  his  own  confession  entered 
into  a  conspiracy  to  commit  murder.  Garritj^'s  testimony,  Mr. 
Forrest  declared,  was  made  necessary  to  piece  out  Sampson's,  be- 
cause the  latter  at  the  Coroner's  inquest  had  said  Coughlin  didn't 
ask  him  to  kill  Cronin,  but  only  to  disfigure  him,  and  that  wasn't 
strong  enough  to  show  a  motive  for  murder. 

Discussing  the  time  of  the  departure  of  Dr.  Cronin,  Mr. 
Forrest  showed  that  it  took  the  buggy  thirty-five  minutes  to  get 
to  the  cottage  and  an  hour  and  a  half  to  get  back.  The  story  of 
the  boulevard  mud  was  got  up  to  keep  the  buggy  off  South  Hal- 
sted  Street.     They  had  to  guess  it  went  through  Lincoln  Park  to 


506  THE   APPEAL  TO  THE  JUtlY. 

get  the  mud,  but  if  any  guessing  was  to  be  done  it  might  be 
guessed  that  the  mud  might  have  come  from  Washington  Boule- 
vard. 

Following  a  somewhat  lengthy  discussion  of  the  more  minute 
case,  Mr.  Forrest  reserved  to  the  last  his  most  important  work. 
He  said: 

"  Now,  about  that  alibi  for  Burke.  Where  was  Burke  on 
the  night  of  May  4th  ?  If  he  was  not  in  the  cottage,  they  say, 
where  was  he  ?  The  burden  of  proof  is  on  them  to  show  where 
he  was,  and  we  showed  that  he  was  at  Matt  Dannahy's  saloon  on 
that  night,  and  sixteen  or  eighteen  witnesses  gave  evidence  as  to 
certain  corroborative  facts." 

At  the  request  of  Juror  Culver  Mr.  Forrest  then-  read  from  the 
evidence  the  identification  of  Burke  by  the  elder  Mrs.  Carlson. 
After  a  short  dispute  with  Judge  Longenecker,  he  continued: 

'^  They  say  Martin  Burke  was  fleeing.  Why,  he  had  been 
up  in  Winnipeg  eleven  days  when  he  was  arrested.  But  before 
alluding  to  this  point  I  want  to  say  something  about  this  Ducey 
alibi." 

Mr.  Forrest  went  into  the  particulars  of  this  alibi  at  some 
length,  weighing  the  evidence  of  one  witness  and  balancing  it 
against  that  of  others. 

Coming  back  to  Martin  Burke  and  the  contention  of  the  State 
that  he  was  fleeing  from  justice  when  he  was  arrested  there,  the 
lawyer  repeated  4iis  argument  that  Burke  had  been  waiting  in 
Winnipeg  at  that  time. 

"  If  he  was  fleeing,"  urged  Mr.  Forrest,  "he  would  have  got 
out  of  the  way  just  as  quickly  as  he  could.  Now  you  have  got  to 
assume  flight  in  order  to  convict  him  on  that  ground.  You  know 
he  left  this  town  before  he  was  suspected,  before  the  discovery  of 
the  cottage,  before  the  remains  were  discovered.  Now,  gentle- 
men, there  is  another  instruction  given  to  the  jury,  in  addition 
to  that  to  which  I  have  already  directed  your  attention,  which  is 
often  misleading.  It  is  what  is  called  the  concurrence  of  action. 
That  is,  gentlemen,  if  you  see  several  men  doing  a  number  of 
things  together,  one  performing  one  part,  another  performing  an- 
other, you  ma^  reasonably  infer  that  they  are  acting  together  in 


THE  APPEAL  TO  THE   JURY.  507 

a  conspiracy.  Well,  that  may  be  all  right,  but  if  you  insist  on 
it,  that  takes  in  Mortensen.  If  you  see  them  acting  together, 
'  apparently '  concurring  in  the  same  plan,  that  takes  in  Mortensen. 
That  law  is  all  right  if  they  are  acting  together  with  the  full  knowl- 
edge of  the  common  design  and  with  the  intention  of  aiding  in 
that  design.  Now,  then,  you  must  first  find  there  was  a  con- 
spiracy, and  then,  even  if  you  do  find  there  was  a  conspiracy,  you 
must  be  careful  not  to  incKide  Martin  Burke  in  it  unless  you  be- 
lieve from  the  evidence  that  he  was  a  member  of  it. 

"Suppose  you  assume  there  was  a  conspiracy  to  kill  Dr. 
Cronin;  we  will  take  that  point  for  granted  for  the  sake  of  illus- 
tration; you  must  then  find  out  whether  Burke  was  a  member  of 
that  conspiracy,  and  in  order  to  decide  that  point  you  must  go 
only  upon  the  evidence  adduced  against  Burke  alone.  Evidence 
against  the  others  cannot  count  as  against  Burke  until  he  is  first 
found  by  the  evidence  against  him  alone  to  be  a  member  of  the 
conspiracy.  If  you  find  Burke,  from  the  evidence  against  him 
alone,  to  be  a  member  of  the  conspiracy,  then  and  not  till  then  the 
evidence  against  everybody  else  becomes  evidence  against  him." 
Mr.  Forrest  applied  the  same  argument  to  the  three  men, 
Coughlin,  O'SuUivan  and  Beggs,  in  every  conceivable  way.  Next 
he  had  a  word  or  two  to  say  for  Patrick  O'Sullivan,  although,  as 
he  said,  the  iceman  was  not  his  client. 

'*There  is  one  thing  that  I  want  to  call  your  attention  to  here. 
You  will  remember  that  Mrs.  Farrar  says  that  Patrick  O'Sullivan 
said  to  her  that  Cronin  had  been  charged  with  giving  away  the 
secrets  of  the  organization  to  which  he  belonged,  and  if  he  did  so 
it  served  him  right.  Now,  there  is  not  one  of  those  Irishmen — 
I  am  not  merely  referring  to  one  wing  or  another  of  this  organi- 
zation, but  I  say  not  one  of  these  so-called  patriots — who  would 
not  say  the  same  thing  if  they  believed  Cronin  to  be  a  spy.  I  do 
not  say  that  every  Irishman  would  take  that  view  of  the  case,  but  I 
do  say  that  the  great  bulk  of  the  Irish  people  in  this  country 
would  believe  in  the  justice  of  that  disposition  of  the  Doctor 
if  they,  believed  him  to  be  a  spy.  Let  us  not  deceive  ourselves. 
Suppose  Le  Caron  should  come  back  to  this  town,  and  Le  Caron 
should  be  killed  for  being  a  British  spy,  don't  you  know  you 
would  hear  the  expression  among  thousands  and  ten  of  thousands 
of  them :  'Well,  he  was  a  spy,'  they  would  say,  'Serves  him  right/ 


508  THE  APPEAL  TO   THE  JURY. 

If  that  would  be  true  of  the  Irish  people,  or  thousands  of  them, 
then  the  remark  is  no  evidence  against  Patrick  O'Sullivan.  *They 
say  he  was  a  British  spy,'  he  says.  He  might  well  have  believed 
he  was  a  spy.  It  was  talked  about  at  the  time,  and  statements  were 
in  the  papers  charging  him  with  being  a  British  spy.*' 

Mr.  Forrest  asked  if  a  Mason  might  not  have  said,  "Served 
him  right,"  in  the  case  of  Morgan,  believing  him  to  have  betrayed 
the  secrets  of  the  order  and  yet  not  have  been  guilty  of  his  murder. 
He  argued  tliat  no  motive  was  shown  for  the  murder  of  Dr.Cronin, 
inasmuch  as  there  were  two  men  in  possession  of  that  minoritj'' 
report  and  there  was  no  attempt  to  get  at  his  papers.  To  murder 
him,  therefore,  would  be  the  surest  way  to  make  it  public  instead 
of  covering  up  the  facts,  as  contended  by  the  prosecution. 

"They  say  Cronin  was  simply  charged  with  being  a  spy  and 
these  men  were  dupes.  In  God's  name,  why  do  they  believe  they 
were  dupes  ?  Do  they  mean  to  say  they  were  led  to  believe  the 
charge  or  that  they  themselves  got  up  the  charge  and  tried  him 
on  it  ?  Why  should  Martin  Burke  kill  Cronin  ?  He  had  never 
injured  him!  Why  should  Coughlin  kill  him  ?  He  had  never  in- 
jured him,  or  Kunze  or  this  man  Beggs,  he  had  never  injured  any 
of  them.  What  in  the  world  should  they  do  it  for  ?  That 
minority  report — how  would  it  help  Beggs  to  kill  him  on  account 
of  that  ?  How  would  it  help  O'Sullivan  or  Martin  Burke  or 
Kunze  or  any  person  charged  ?  Don't  you  see  they  had  nothing 
to  gain  by  such  an  act?  Don't  you  see  that  the  motive  was  not 
present;  that  there  was  no  intelligence  .about  it,  because  there  was 
no  object  to  it .? 

"  Now,  gentlemen  of  the  jury,  I  want  you  to  find  Daniel 
Coughlin  and  Martin  Burke  not  guilty.  Why  ?  Because  there 
is  not  established  in  this  case  a  conspiracy  in  which  it  is  alleged 
these  men  participated.  In  other  words,  to  save  my  strength 
and  not  to  exhaust  your  patience,  there  is  nothing  proved  in  this 
case  beyond  reasonable  doubt  that  will  connect  them  or  either  of 
them  with  the  killing  of  Dr.  Cronin.  It  is  not  necessary  for  me 
to  repeat  that.  Now,  then,  I  ask  you  to  acquit  them,  and  when  I 
ask  you  to  acquit  them  I  ask  you  to  simply  do  your  duty — noth- 
ing more.  Nothing  has  been  left  undone  against  them  that  could 
have  been  done.  The  State  has  had  several  able  lawyers,  and 
they  have  insulted  every  witness  called  for  the  defense,     Every 


l^HE  APPEAL   TO  THE  JURY.  509 

man  called  for  the  defense  has  been  called  a  murderer  or  a  sym- 
pathizer with  murder.  Everything  has  been  done  to  insult  and 
break  down  witnesses  for  the  defense.  Everything  that  intimi- 
dation in  the  court-room  and  out  of  it  could  do  has  been  done  in 
behalf  of  the  State;  everything  that  insinuation  could  do  has 
been  done  in  behalf  of  the  State;  everything  that  insinuation 
could  do  has  been  done  on  the  part  of  the  State.  The  court  has 
given  them  the  widest  range  of  cross-examination,  so  there  can't 
be  any  fault  found  in  that  respect.  All  the  evidence  which  they 
offered  was  admitted  by  the  court.  They  have  the  State's  Attor- 
ney's forces,  and  the  entire  police  force  of  Chicago.  They  have 
talked  about  the  police  force  betraying  them.  I  saw  no  evidence 
of  it.  Everything  that  one  wing  of  the  Clan-na-Gael  could  do 
has  been  done.  In  addition  to  the  State's  Attorney  they  have 
had  other  distinguished  orators — two  of  the  greatest  criminal 
lawyers  of  modern  times,  Luther  Laflin  Mills  and  George  Ingham, 
whose  business,  like  mine,  is  the  pleading  of  criminal  law ;  Mr. 
Hynes,  a  great  lawyer,  a  great  cross-examiner,  one  of  the  most 
brilliant  orators  of  the  Chicago  bar,  a  man  whom  one  of  the 
largest  corporations  in  Chicago  relies  upon  to  wring  verdicts 
from  juries  in  most  desperate  cases.  He,  too,  has  done  all  that  he 
could  on  behalf  of  the  State.  Everything  that  could  be  done  has 
been  done  to  prove  this  charge,  so  that,  gentlemen  of  the  jury, 
you  can  say  to  your  neighbors,  you  can  say  to  your  social  world, 
you  can  say  to  your  own  consciences,  that  no  fault  is  to  be  found 
with  the  State; everything  has  been  done  that  could  be  done,  but 
there  was  a  reasonable  doubt  as  to  the  guilt  of  those  men,  and  I  found 
them  not  guilty  for  that  Reason.  Remember,  the  State's  Attor- 
ney has  solemnly  told  you  that  the  world  has  confidence  in  you, 
that  he  has  confidence  in  you,  that  the  Judge  has  confidence  in 
you,  and  that  whatever  verdict  3"ou  render  will  satisfy  him,  will 
satisfy  the  community,  will  satisfy  the  world,  because  the  com- 
munity has  implicit  and  unlimited  confidence  in  your  honor  and 
intelligence.  This,  gentlemen,  I  say  on  behalf  of  Martin  Burke 
and  Daniel  Coughlin  in  confiding  their  cases  to  your  hands.  No 
peroration  have  I,  but  simply  one  word  will  I  give.  The  word  I 
give  is  '  duty ' — duty  to  Illinois,  duty  to  your  God,  duty  to  your- 
selves. '  To  thine  own  self  be  true,  and  it  must  follow,  as  the 
day  the  night,  thou  canst  not  then  be  false  to  any  man.'  " 


Chapteb  VII. 

Mr.  Mills'  Illness — Disappointment  in  the  Court — Too  Sick  tO 
Speak — State's  Attorney  Longenecker  Takes  his  Place — A 
Forcible  Summing  Up — Judge  McConnell's  Instructions — 
The  Law  of  Murder  and  the  Law  of  Conspiracy — The  Duty 
of  the  Jurors — A  Magnificent  Presentation  of  the  Law — The 
Jury  Retires — How  the  Prisoners  Acted — A  Criminal  Museum 
— Suspense  through  the  City — The  Verdict. 

)HE  event  of  the  trial  to  which  everybody  looked  forward 
with  the  utmost  eagerness  was  the  concluding  speech 
which  Luther  Laflin  Mills  was  to  make.  No  orator  at  the 
American  bar  has  a  higher  or  better  earned  repute  for  eloquence  ; 
and  here  was  the  greatest  opportunity  that  could  occur  to  any 
man's  career. 

Night  anci  day  throughout  the  trial  Mr.  Mills  had  worked 
with  a  persistent  energy  which  was  too  much  for  nature  to  stand. 
For  days  toward  the  close  of  the  trial  he  was  evidently  too  sick 
to  take  his  place  at  the  counsel's  table  ;  but  his  iron  will  dragged 
him  there,  and  held  him  there,  when  he  should  have  been  in  his 
room  under  the  doctor's  care.  At  last  the  strain  was  greater  than 
he  could  stand,  and  he  sank  under  it.  On  Wednesday  it  was 
definitely  stated  that  his  physicians  Fould  not  allow  him  to 
appear.  Disappointment  reaching  almost  to  dismay  was  the 
sentiment  which  filled  his  associates — for  it  was  felt,  and  felt 
rightly,  that  there  was  but  one  man  at  the  bar  who  could  hope  to 
undo  the  wonderful  effect  of  Forrest's  speech,  and  that  man  was 
dangerously  ill  at  home. 

No  man  ever  received  a  higher  tribute  to  his  power  than  the 
manner  in  which  the  news  of  Mills'  illness  was  received  by  the 
partisans  of  either  side.  While  here  there  was  uneasiness,  there 
there  was  relief.    The  most  dangerous  enemy,  the  most  resourceful 

(510) 


Luther  Laflin  Mills,  of  Counsel  for  the  Prosecution. 


512  THE  APPEAL  TO  THE   JURr. 

•  ally  had  been   placed  hors  de  combat  at  the  very  crisis  of  the 
battle. 

The  audience  that  witnessed  the  closing  scenes  of  the  trial 
was  one  that  crowded  the  little  court-room  almost  to  suffocation. 
Every  available  space  was  occupied,  and  yet  not  a  twentieth  part 
of  the  people  who  wanted  to  get  in,  succeeded.  Several  days 
before  Chief  Deputy  Sheriff  Gleason  had  made  a  calculation,  based 
on  the  number  of  passes  issued  and  those  that  had  been  used, 
from  which  he  calculated  that  more  than  five  thousand  people  had 
passes  they  intended  to  use  in  getting  an  opportunity  to  hear  Mr. 
Mills  speak.  The  crowds  that  swarmed  around  the  Criminal 
Court  building  indicated  that  Mr.  Gleason  had  not  made  too 
high  an  estimate.  It  is  true  Mr.  Mills  didn't  speak.  But  people 
who  had  come  two  hours  in  advance  of  the  opening  of  court 
were  not  disposed  to  leave  without  getting  a  glimpse  of  the 
prisoners  and  the  inside  of  the  court-room.       ' 

Judge  Longenecker  was  selected  to  make  the  closing  argu- 
ment in  Mr.  Mills'  place,  which  he  did  with  much  clearness  and 
power. 

His  speech  went  over  the  whole  case,  examining  again  and 
again  in  detail  the  case  against  each  of  the  prisoners,  showing 
how  the  defense  had  failed  to  break  down  any  important  part  of 
the  wall  of  evidence  shutting  in  the  prisoners. 

Taking  up  Mr.  Forrest's  argument  about  the  wagon  supposed 
to  have  contained  the  trunk  being  first  heard  rumbling  across  the 
railroad  tracks  west  of  Ashland  Avenue,  Mr.  Longenecker  said: 
"  He  thinks  sound  is  better  than  sight,  hence  I  think  he'll 
appreciate  my  speech.  The  evidence  is  that  the  wagon  was  first 
seen  going  east  on  FuUerton  Avenue,  east  of  Ashland  Avenue. 
The  officers  say  that  shortly  before  they  heard  a  wagon  rumbling 
across  the  railroad  tracks  west  of  Ashland  Avenue.  That  doesn't 
prove  they  heard  the  same  wagon  they  saw.  But  suppose  it  was. 
It  isn't  likely  that  the  conspirators  would  take  the  direct  route, 
one  by  which  they  could  be  readily  traced.  I  don't  know  what 
route  they  may  have  taken  to  avoid  detection. 


THE   APPEAL  TO  THE  JURY.  513 

"  It  isn't  necessary  in  this  case  that  every  circumstance 
testified  to  shall  be  proved  beyond  a  reasonable  doubt.  It  is 
only  necessary  that  the  material  circumstances  sliall  be  so  proved. 
Now,  let  us  see  what  are  the  material  circumstances.  Go  into 
Camp  20  February  8.  The  proceedings  are  known  to  you;  they 
are  undisputed.  That  is  Beggs'  link.  Then  there  is  the  renting 
of  the  flat  at  117  Clark  Street,  and  the  purchase  of  the  furniture 
at  Reveirs.  Then  the  renting  of  the  cottage;  that  is  Burke's 
link.  O'Sullivan  makes  the  contract;  that  is  his  link.  Coughlin 
hires  the  horse ;  that  is  his  link.  Then  the  body  in  the  Evanston 
Avenue  catch-basin,  the  bloody  trunk  on  the  roadside,  and  Dr. 
Cronin's  clothes,  cut  from  the  body  and  found  in  the  sewer,  is 
the  last  link.  Every  one  of  these  is  undisputed.  Then  what  a 
cloud  of  circumstances  connects  and  binds  these  links  still  more 
firmly  to  each  other!  The  conclusion  is  irresistible.  These  five 
defendants  are  guilty  of  the  murder  of  Dr.*  Cronin." 

As  soon  as  Mr.  Longenecker  had  concluded  his  address  Judge 
McConnell  began  the  reading  of  his  instructions  to  the  jury.  On 
account  of  their  length  he  did  not  require  the  jury  to  remain 
standing  while  they  were  read,  nor  did  he  stand  himself.  During 
the  reading  the  most  profound  silence  prevailed  in  the  room. 
Jurors,  prisoners,  lawyers  and  audience  gave  the  closest  attention 
to  the  reading. 

The  instructions,  mainly  rules  for  the  consideration  of  evi- 
dence, were  as  follows: 

"The  jury  are  judges  of  the  law  as  well  as  of  the  facts  in  this 
case,  and  if  they  can  say  upon  their  oaths  that  they  know  the 
law  better  than  the  court  itself,  they  have  the  right  to  do  so ; 
but  before  assuming  so  solemn  a  responsibility  they  should  be  sure 
that  they  are  not  acting  from  caprice  or  prejudice,  that  tiiey  are 
not  controlled  by  their  will  or  wishes,  but  from  a  deep  and 
confident  conviction  that  the  court  is  wrong  and  they  are  right. 
Before  saying  this  upon  their  oaths  it  is  their  duty  to  reflect 
whether  from  their  study  and  experience  they  are  better  qualified 
to  judge  of  the  law  than  the  court.  If  under  all  circumstances 
they  are  prepared  to  say  that  the  court  is  wrong  in  its  exposition 
of  the  law  the  statute  has  given  them  that  right. 

"  In  the  language  of  the  statute,  murder  is  the  unlawful 
killing  of  a  human  being,  in  the  peace  of  tlie  people,  with  malice 


514  THE  APPEAL  TO   THE  JURY. 

aforethought,  either  expressed  or  implied.  The  unlawful  killing 
may  be  perpetrated  by  poisoning,  striking,  starving,  drowning, 
stabbing,  shooting,  or  any  other  of  the  various  forms  or  means 
by  which  human  nature  may  be  overcome  and  death  thereby 
occasioned.  Express  malice  is  that  deliberate  intention  unlaw- 
fully to  take  away  the  life  of  a  fellow-creature  which  is  manifested 
by  external  circumstances  capable  of  proof.  Malice  shall  be 
implied  when  no  considerable  provocation  appears,  or  when  all 
the  circumstances  of  the  killing  show  an  abandoned  and  malignant 
heart. 

"Whoever  is  guilty  of  murder  shall  suffer  the  punishment  of 
death  or  imprisonment  in  the  penitentiary  for  his  natural  life,  or 
for  a  term  not  less  than  fourteen  years.  If  the  accused,  or  any  of 
them,  are  found  guilty  by  the  jury,  the  jury  shall  fix  the  punish- 
ment by  their  verdict. 

"  An  accessory  is  he  who  stands  by  and  aids,  abets  or  assists, 
or  who,  not  being  present,  aiding,  abetting,  or  assisting  hath  ad- 
vised, encouraged,  aided  or  abetted  the  perpetration  of  the  crime. 
He  who  thus  aids,  abets,  assists,  advises  or  encourages  shall 
be  considered  as  principal,  and  punished  accordingly.  Every 
such  accessory,  when  a  crime  is  committed  within  or  without  this 
State  by  his  aid  or  procurement  in  this  State,may  be  indicted  and 
convicted  at  the  same  time  as  the  principal,  or  before  and  after 
his  conviction,  and  whether  the  principal  is  convicted  or  amen- 
able to  justice  or  not,  and  punished  as  principal. 

"  The  manner  or  cause  of  death,  which  is  alleged  in  the  in- 
dictment, is  an  essential  element  of  the  charge  against  the  defend- 
ants, and  the  law  requires  the  prosecution  to  establish  that 
averment  to  your  satisfaction  beyond  reasonable  doubt,  as  it  is 
laid  in  the  indictment,  before  a  conviction  of  the  defendants,  or 
either  of  them,  can  lawfully  be  had.  But  whether  or  not  the 
manner  or  cause  of  death  was  as  laid  in  the  indictment  may  be 
established  by  circumstantial  evidence,  just  as  any  other  fact 
essential  to  conviction  may  be. 

"The  following  rules  should  guide  you  in  your  use  and 
application  of  the  circumstances  introduced  in  evidence.  It  is 
the  duty  of  the  jury  to  enter  upon  the  consideration  of  each  cir- 
cumstance proven  having  in  their  minds  the  presumption  that 
the  defendants,  and  each  of  them,  are  innocent,  and  in  consider- 
ing such  fact  or  circumstance  they  should  apply  it  to  the  pre- 
sumption  of  innocence,  and  if  such  fact   or  circumstance,  when 


THE  APPEAL   TO  THE  JUPY.  515 

considered  in  connection  with  all  the  evidence  in  the  case,  can 
be  explained  consistently  with  the  innocence  of  the  accused,  it  is 
their  duty  so  to  explain  it.  No  circumstance  introduced  in  evi- 
dence on  this  trial  can  be  used  by  you  as  a  basis  for  any  infer- 
ence of  guilt  against  the  defendants,  or  either  of  them,  unless 
such  circumstance  is  first  proven  to  }'our  entire  satisfaction,  and 
every  circumstance  in  the  case  which  is  not  proven  to  your  entire 
satisfaction  should  be  wholly  dismissed  from  consideration  and 
must  not  be  permitted  to  influence  you  to  any  extent  against  the 
defendants,  or  either  of  them.  Any  circumstance  which  is  essen- 
tial to  a  conclusion  of  guilt  against  the  defendants,  or  either  of 
them,  should  be  established  beyond  all  reasonable  doubt  and  to 
a  moral  certainty  before  it  (fan  be  used  by  the  jury  against  the 
defendants. 

"  In  order  to  justify  the  inference  of  legal  guilt  from  circum- 
stantial evidence  the  existence  of  the  inculpatory  facts  must  be 
absolutely  incompatible  with  the  innocence  of  the  accused  and 
incapable  of  explanation  upon  any  other  reasonable  hypothesis 
than  that  of  their  guilt.  If  you  can  reconcile  the  facts  in  this 
case  upon  any  reasonable  theory  consistent  with  the  innocence  of 
the  defendant  John  Kunze,  it  is  your  duty  so  to  do  and  to  find 
said  defendant  John  Kunze  not  guilty.  If  you  can  reconcile 
the  facts  in  this  case  upon  any  reasonable  theory  consistent  with 
the  innocence  of  the  defendant  Patrick  O'Sullivan,  it  is  your 
duty  so  to  do,  and  to  find  said  defendant  Patrick  O'Sullivan 
not  guilt}^  If  you  can  reconcile  the  facts  in  this  case  upon  any 
reasonable  theory  consistent  with  the  innocence  of  the  defendant 
Martin  Burke,  it  is  your  duty  so  to  do,  and  to  find  said  defendant 
Martin  Burke  not  guilty.  If  you  can  reconcile  the  facts  in  this 
case  upon  any  reasonable  theory  consistent  with  the  innocence  of 
the  defendant  Daniel  Coughlin,  it  is  your  duty  so  to  do,  and  to 
find  said  defendant  Daniel  Coughlin  not  guilty.  It  is  not  sufiSc- 
ientfor  the  jury  to  find  that  a  resolution  was  adopted  for  the  ap- 
pointment of  a  secret  committee  in  Camp  20  on  February  8,  1868, 
but  it  must  further  appear  to  your  satisfaction  beyond  all  reason- 
able doubt  that  such  committee  was  in  fact  appointed  by  the  de- 
fendant Beggs,  and  that  such  appointment  was  in  pursuance  or 
in  furtherance  of  a  conspiracy  to  commit  the  crime  set  out  in  the 
indictment;  and  you  must  further  be  satisfied  beyond  all  reason- 
able doubt  that  the  defendant  Beggs  had  knowledge  of  the  pur- 
pose  for   which   said   committee   was   asked,   or,  if   appointed, 


516    ^  THE  APPEAL  TO  THE  JURY. 

assented  to  its  purpose  subsequently,  or  you  will  not  be  justified 
in  finding  a  participation  in  such  conspiracy  on  the  part  of  the 
defendant  Beggs  by  reason  of  the  facts  just  recited.  That  the 
defendant  Beggs  was  a  member  of  the  United  Brotherhood  and 
was  the  presiding  officer  of  Camp  20,  are  not  circumstances  stand- 
ing alone  tending  to  establish  his  guilt  of  the  crime  charged  in 
the  indictment  in  this  case.  And  as  there  is  no  evidence  in  this 
case  that  any  overt  act  was  committed  by  the  defendant  Beggs  in 
the  commission  of  the  alleged  murder  charged  in.  the  indictment 
in  this  case,  therefore,  unless  it  is  established  that  a  conspiracy 
was  entered  into  to  commit  the  murder  charged  in  the  said  indict- 
ment, 'to  which  conspiracy  the  said  Beggs  was  a  party,  he  should 
be  acquitted." 

Following  here  came  the  usual  instructions  as  to  the  credi- 
bility of  witnesses,  and  the  court  then  continued  : 

"  In  no  view  which  can  be  taken  of  this  case  will  you  be 
warranted  in  using  against  one  defendant  any  evidence  of  the 
act,  conduct  or  conversation  of  any  other  defendant  occurring 
subsequent  to  the  day  of  the  alleged  homicide  of  Dr.  Cronin. 

"  Although  you  may  believe  that  the  defendant  Beggs,  at  a 
meeting  of  Camp  20  on  May  10,  remarked  in  substance  that  that 
committee  was  to  report  to  him,  and  even  if  you  should  further 
b'lieve  that  such  remark  possessed  some  criminal  import,  yet,  in 
no  view  that  can  be  taken  of  this  case,  will  you  be  justified  in 
using  such  remark  as  evidence  against  any  other  defendant. 

"  Althongh  you  may  fully  and  confidently  believe  that  one 
J.  B.  Simonds,  the  person  who  drove  Dr.  Cronin  away  from  his 
home  on  the  night  of  May  4,  and  other  unknown  persons,  were  mem- 
bers of  a  conspiracy  to  murder  Dr.  Cronin  as  charged  in  the  in- 
dictment, and,  indeed,  that  they  did  murder  him,  yet  you  can  not 
and  ought  not  use  any  evidence  respecting  the  conduct  and  con- 
versations of  such  persons,  or  any  of  them,  against  any  defendant 
unless  you  are  first  convinced  beyond  every  reasonable  doubt, 
from  the  evidence,  that  such  defendant  was  also  a  member  of  such 
conspiracy  to  murder  Dr.  Cronin. 

"Although  you  may  believe  that  a  conspiracy  existed  to 
murder  Dr.  Cronin,  and  although  you  may  further  believe  that 
he  was  murdered  in  pursuance  of  such  conspiracy,  yet  the  fact 
that  a  defendant  did  some  act. which  contributed  in  some  measure 
in  producing  the  Doctor's  death  will  nc»t  justify  you  in  conclud- 


THE  APPEAL   TO  THE  JURY.  517 

ing  that  the  defendant  doing  such  act  was  a  member  of  such  con- 
spiracy, unless  you  further  believe,  from  the  evidence,  beyond  a 
reasonable  doubt,  that  said  defendant,  at  the  time  of  doing  such 
act,  actually  knew  and  intended  that  the  act  done  by  him  should 
be  one  of  a  series  of  acts  to  be  done  by  others  in  producing  the 
Doctor's  death. 

''  A  conspiracy  may  be  established  by  circumstantial  evidence 
the  same  as  any  other  fact,  and  such  evidence  is  legal  and  com- 
petent for  that  purpose;  so  whether  an  act  which  was  committed 
was  done  by  a  member  of  a  conspiracy  may  be  established  by 
circumstantial  evidence,  whether  the  identity  of  the  individual 
who  committed  the  act  be  established  or  not;  and  also  whether 
the  act  done  was  in  pursuance  and  furtherance  of  a  common  de- 
sign may  be  ascertained  from  the  same  class  of  evidence;  and  if 
the  jury  believe  from  the  evidence  in  this  case,  beyond  a  reason- 
able doubt,  that  the  defendants,  or  any  of  them,  conspired  and 
agreed  together,  or  with  others,  to  kill  and  murder  Patrick  Henry 
Cronin,  and  that  in  X)ursuance  and  furtherance  of  that  common 
design,  and  by  a  member  or  members  of  such  conspiracy,  the  said 
Patrick  Henry  Cronin  was  killed  and  murdered  in  manner  and 
form  as  charged  in  the  indictment  in  this  case,  then  such  of  these 
defendants,  if  any,  whom  the  jury  believe  from  the  evidence  be- 
yond a  reasonable  doubt  were  parties  to  such  conspiracy  are 
guilty  of  the  murder  of  said  Cronin,  whether  the  identity  of  the 
individual  doing  the  killing  be  established  or  not,  or  whether 
such  defendants  were  present  at  the  time  of  killing  or  not. 

''  Under  the  charge  of  conspiracy  against  any  of  the  defend- 
ants to  commit  murder,  it  must  be  proven  beyond  every  reason- 
able doubt  tliat  such  defendant  combined  with  one  or  more 
persons  in  the  common  purpose  and  with  the  common  design  to 
murder  the  deceased  before  you  will  be  justified  in  believing  that 
the  conspiracy  existed  as  charged  against  him.  Although  you 
may  believe  that  the  defendant  Burke  rented  the  Carlson  cottage 
and  removed  the  furniture  and  other  articles  mentioned  in  evi- 
dence from  117  South  Clark  Street  to  the  said  cottage,  and  al- 
though you  may  further  believe  that  Dr.  Cronin  was  murdered 
in  the  Carlson  cottage,  you  are  advised  that  these  acts  of  the  de- 
fendant Burke  in  themselves  are  insufficient  to  justify  you  in 
concluding  that  he  was  a  party  to  the  alleged  conspiracy,  unless 
it  further  appears,  beyond  all  reasonable  doubt,  that  such  acts  of 
the  defendant  Burke  were  deliberatel}^  and  willfully  intended  by 


518  THE   APPEAL  TO  THE  JURY. 

him  to  assist  in  the  perpetration  of  the  crime  of  murder.  Al- 
though you  may  believe  that  Dinan's  horse  and  bus^gy  were  used 
on  May  4  to  take  the  Doctor  to  his  death,  you  are  advised  that 
the  act  of  the  defendant  Coughlin  in  engaging  such  a  horse  and 
buggy  is  insufficient  to  justify  you  in  concluding  that  he  was  a 
party  to  the  alleged  conspiracy,  unless  it  further  appears  beyond 
all  reasonable  doubt  that  such  act  of  the  defendant  Coughlin  was 
deliberately  and  willfully  intended  by  him  to  assist  in  the.  perpe- 
tration of  the  crime  of  murder. 

'*  Although  you  may  believe  that  the  contract  between  O'Sul- 
livan  and  Dr.  Cronin  was  used  on  May  4  to  decoy  the  Doctor  to 
his  death,  you  are  advised  that  the  act  of  the  defendant  O'SuUi- 
van  in  making  such  contract  of  itself  is  insufficient  to  justify  you 
in  concluding  that  he  was  a  party  to  the  alleged  conspiracy,  un- 
less it  further  appears,  beyond  all  reasonable  doubt,  that  such  act 
of  the  defendant  O'Sullivan  was  deliberately  and  willfully  in- 
tended by  him  to  assist  in  the  perpetratirm  of  the  crime  of  mur- 
der, or  that  he  knowingly  and  corruptly  consented  to  the  use  of 
said  contract  in  accomplishing  the  alleged  murder  of  the  deceased. 

''  In  considering  the  circumstance  of  the  contract  made  be- 
tween Patrick  O'Sullivan  and  Dr.  Cronin,  you  are  not  permitted 
by  the  law  to  take  into  account  or  draw  any  inference  from  the 
fact  that  the  witnesses  McGarry,  Capt.  Schaack,  Mrs.  T.  T.  Conk- 
lin  and  others  testified  that  they  expressed  tiie  opinion  to  Patrick 
O'Sullivan  in  conversing  with  him  that  the  said  contract  was  un- 
businesslike, unusual,  strange  and  'suspicious;  such  opinions  fur- 
nish you  no  warrant  for  concluding  that  the  object  and  purpose  of 
Patrick  O'Sullivan  in  making  the  contract  was  illegal  or  criminal. 

"  If  the  jury  believe  from  the  evidence  beyond  a  reasonable 
doubt,  acting  in  the  light  of  the  entire  charge  of  the  court,  that 
the  defendants  now  on  trial,  or  some  of  them,  conspired  together, 
or  together  and  with  others  who  were  to  the  grand  jury  unknown, 
to  kill  and  murder  Patrick  Henry  Cronin,  and  that  one  or  more 
of  the  conspirators,  in  pursuance  and  furtherance  of  the  con- 
spiracy, did  kill  and  murder  the  said  Cronin  in  manner  and  form 
as  charged  in  the  indictment,  then  any  and  all  of  the  defendants, 
if  any,  who  so  conspired,  are  in  law  guilty  of  such  murder,  al- 
though they  may  not  have  actually  killed  the  said  Cronin,  or  been 
present  at  the  time  or  place  of  the  killing. 

"  The  burden  of  proving  everything  essential  to  the  estab- 
lishment of  the  charge  against  the  defendants,  and  each  of  them, 


THE  APPEAL  TO  THE   JURY.  519 

lies  on  the  prosecution  ;  and  if  it  were  conceded  that  somebody 
murdered  Dr.  Cronin,  yet  the  defendants  are  liet  required  nor  ex- 
pected to  prove  who  committed  the  murder. 

''The  prosecution  is  required  to  prove  beyond  a  reasonable 
doubt  that  the  defendants,  and  not  somebody  else,  committed  the 
crime  charged  in  the  indictment.  It  is  insufficient  to  justify  you 
in  convicting  the  defendants  that  the  evidence  disclosed  that 
Patrick  H.  Cronin  was  murdered,  and  that  the  defendants,  or 
somebody  else,  rtiirdered  him,  or  that  the  probabilities  are  that 
the  defendants  and  not  somebody  else  murdered  him. 

''  You  ought  not,  and  cannot  legally  convict  the  defendants, 
or  either  of  them,  upon  the  mere  doctrine  of  chance  and  probabil- 
ity. Although  you  may  believe  that  it  is  highly  probable  and  very 
likely  that  the  defendants  are  guilt3^,  and  even  that  it  is  far  more 
likely  and  probable  that  they  are  guilty  than  that  they  are  inno- 
cent, 3'et  no  amount  of  suspicion  will  warrant  you  in  finding  a 
verdict  of  'guilty'  against  the  defendants,  or  an^  of  them, 

"  To  warrant  a  conviction  upon  a  charge  of  murder,  the  evi- 
dence must  be  of  such  kind  and  quantity  as  to  convince  the  jury 
of  the  truth  of  the  charge  beyond  every  reasonable  doubt,  and  to 
a  moral  certainty.  If,  therefore,  when  you,  without  passion,  pre- 
judice or  bias,  have  fairly  and  honestly  considered  the  entire 
evidence  on  both  sides  of  the  case,  you  do  not  feel  morally  cer- 
tain, to  the  exclusion  of  every  reasonable  doubt,  of  the  guilt  of 
the  defendants,  then  it  is  your  duty  to  acquit  them. 

''  It  IS  the  duty  of  the  jury  to  examine  the  evidence  on  both 
sides  of  the  case  without  any  feeling  of  resentment  or  revenge, 
and  if,  after  such  examination,  you  entertain  any  reasonable  doubt 
as  to  whether  the  deceaseii  was  murdered  by  the  defendants  as 
charged  in  the  indictment,  or  by  somebody  else,_you  should  acquit 
the  defendants  ;  in  other  words,  if  the  evidence,  after  an  impar- 
tial consideration,  leave  your  minds  in  a  state  of  reasonable 
doubt  as  to  whether  any  particular  defendant  is  guilty  as  charged 
in  the  indictment,  then  such  defendant  should  be  acquitted. 

"  If  the  evidence  in  this  case  fails  to  show  any  motive  on 
the  part  of  the  defendant  to  commit  the  crime  charged  against 
him,  then  this  is  a  circumstance  in  favor  of  his  innocence  which 
the  jury  ought  to  consider  in  connection  with  all  the  other  evi- 
dence in  the  case  in  arriving  at  a  verdict. 

"  An  individual  juror  ought  not  to  compromise  any  well- 
founded  doubt  of  guilt  that  he  may  entertain   rt^specting  the  de- 


520  THE   APPEAL  TO  THE  JURY. 

fendants  or  any  of  them  with  his  fellow-jurors.  The  jury  can 
agree  only  to  convict  or  acquit,  and  you  can  only  properly  con- 
vict when  the  guilt  of  the  defendants  is  so  fully  and  clearly  proven 
to  the  mind  of  each  individual  juror  as  to  exclude  every  reason- 
able doubt  of  guilt. 

"A  reasonable  doubt  is  that  state  of  the  mind  which,  after 
the  entire  comparison  and  consideration  of  all  the  evidence 
in  the  case,  leaves  the  jurors  in  that  condition  that  they 
cannot  say  they  have  an  abiding  conviction,  to  amoral  certainty, 
of  the  truth  of  the  charge.  It  is  not  sufficient  to  establish  a  prob- 
ability, though  a  strong  one,  tliat  the  fact  is  more  likely  to  be  true 
than  the  contrary,  but  the  evidence  must  establish  the  truth  of 
the  fact  to  a  reasonable  and  moral  certainty;  a  certainty  that  con- 
vinces and  directs  the  understanding  and  satisfies  the  reason  and 
judgment  of  the  juror,  who  is  bound  to  act  upon  it  conscien- 
tiously. 

"  In  considering  the  case,  however,  the  jury  are  not  to  go 
beyond  the  evidence  to  hunt  up  doubts,  nor  must  they  entertain 
such  doubts  as  are  merely  chimerical  or  conjectured.  A  doubt 
to  justify  an  acquittal  must  be  reasonable,  and  it  must  arise  from 
candid  and  impartial  investigation  of  all  the  evidence  in  the  case, 
and  unless  it  is  such  that,  were  the  same  kind  of  doubt  interposed 
in  the  graver  transactions  of  life,  it  would  cause  a  reasonable 
and  prudent  man  to  hesitate  and  pause,  it  is  insufficient  to  author- 
ize a  verdict  of  not  guilty.  If,  after  considering  all  the  evidence, 
you  can  say  you  have  an  abiding  conviction  of  the  truth  of  the 
charge,  you  are  satisfied  beyond  a  reasonable  doubt. 

"The  doubt  which  the  juror  is  allowed  to  retain  in  his  own 
mind,  and  under  the  influence  of  which  he  should  frame  a  verdict  of 
not  guilty,  must  always  be  a  reasonable  one.  A  doubt  produced  by 
undue  sensibility  in  the  mind  of  any  juror  in  view  of  the  conse- 
quence of  his  verdict  is  not  a  reasonable  doubt,  and  a  juror  is  not 
allowed  to  create  sources  or  materials  of  doubt  by  resorting  to 
trivial  and  fanciful  suppositions,  and  remote  conjectures  as  to 
possible  states  of  facts,  differing  from  that  established  by  the  evi- 
dence. You  are  not  at  liberty  to  disbelieve  as  jurors  if  from 
the  evidence  you  believe  as  men;  your  oath  imposes  on  you  no 
obligation  to  doubt  where  no  doubt  would  exist  if  no  oath  had 
been  administered. 

"  In  this  case  the  jury  may,  as  in  their  judgment  the  evi- 
dence warrants,  find  any  or  all  of  the  defendants  guilty,  or  any  or 


THE  APPEAL   TO  THE  JURY.  521 

all  of  them  not  guilty ;  and  if  in  their  judgment  the  evidence 
warrants,  they  may,  in  case  they  find  ttie  defendants,  or  any  of 
them,  guilty,  fix  the  same  penalty  for  all  the  defendants  found 
guilty,  or  different  penalties  for  the  different  defendants  found 
guilty. 

"  And  in  case  they  find  the  defendants,  or  any  of  them,  guilty 
of  murder,  they  should  fix  the  penalty  either  at  death  or  at  im- 
prisonment for  life  in  the  penitentiary,  or  at  imprisonment  in  the 
penitentiary  for  a  term  of  any  number  of  years  not  less  than 
fourteen." 

At  4:15  o'clock  of  the  afternoon  of  Friday,  December  13th, 
the  jury  retired  to  consider  their  verdict.  Judge  Longenecker 
had  concluded  his  closing  address  to  the  jury  about  3:30,  and  the 
Judge's  charge  to  the  jury  had  occupied  a  little  more  than  half  an 
hour  in  reading.  The  charge  to  the  jury  concluded,  the  five 
bailiffs  who  were  to  have  charge  of  the  jury  were  called  forward 
and  sworn.  These  bailiffs  were  Messrs.  Santa,  Olsen,  Rooney, 
Douglas  and  Baumgarten.  The  oath  was  administered  by  Clerk 
Smith.  It  was  the  time-honored,  moss-grown  oath  that  requires 
the  bailiffs  to  take  the  jury  to  some  suitable  room  provided  by 
the  Sheriff,  and  to  keep  them  there  without  meat  or  drink,  except 
water,  until  they  had  decided  upon  their  verdict.  This  prohi- 
])ition  of  meat  and  drink,  however,  sounds  more  formidable  than 
it  really  is,  as  the  court  has  power  to  instruct  the  bailiffs  at  any 
time  to  furnish  them  with  meals,  and  it  is  always  done. 

As  soon  as  the  jury  had  retired,  the  lawyers  on  both  sides 
consulted  as  to  which  of  the  articles  introduced  in  evidence  should 
be  allowed  to  go  to  the  jury -room.  Mr.  Forrest  and  Mr.  Donahoe 
objected  to  everything  to  which  they  had  objected  when  offered 
in  evidence.  This  included  nearly  everything.  Mr.  Ingham 
stated  the  law  to  be,  and  the  court  held  with  him,  that  everything 
except  the  record  of  the  oral  testimony  should  be  taken  b}^  the 
jury.  Finally,  the  court  sent  the  copy  of  the  instructions  he  had 
read,  the  indictment,  the  minute-book  of  Camp  20.  sealed  that 
only  the  records  of  the  meeting  of  February  8  could  be  seen,  the 


522  THE  APPEAL  TO   THE  JURY. 

Spelman  letters,  O'SuUivan's  business  card,  left  by  the  driver  of 
the  white  horse  in  Dr.  Cronin's  oflSce,  the  receipt  for  $5  found  on 
Burke  at  Winnipeg,  the  bloody  trunk,  the  lock  and  key,  the  two 
locks  of  hair  examined  by  the  experts,  the  maps  of  Lake  View, 
the  photographs  of  the  Carlson  cottage,  and  the  two  knives  found 
by  Barney  Flynn  in  Dan  Coughlin's  possession  when  arrested. 
Mr.  Longenecker  wanted  the  clothes  found  in  the  sewer  to  be 
sent  in  also,  but,  as  Mr.  Forrest  made  an  extra  strenuous  objec- 
tion, this  was  not  insisted  on.  The  court  said,  however,  that  if 
the  jury  asked  for  them  they  should  be  sent  in. 

The  demeanor  of  the  prisoners  during  the  closing  speech  of 
Mr.  Longenecker  and  the  court's  charge  to  the  jury  was  not  vis- 
ibly different  from  what  it  had  been  throughout  the  trial.  But 
after  the  jury  had  retired,  and  they  realized  how  momentous  a 
meaning  this  fact  had  to  them,  they  became  visibly  nervous.  The 
last  word  that  could  be  spoken  in  their  beKalf  by  court  or  coun- 
sel had  been  said,  and  the  suspense  of  waiting  for'  a  verdict  of 
life  or  death  had  begun,  with  not  a  thing  to  be  said  or  done  to 
relieve  it. 

From  four  o'clock  on  Friday  evening  until  two  on  Monday 
afternoon  the  jury  worked  upon  the  verdict.  The  most  disquiet- 
ing rumors  in  the  meantime  filled  the  town.  How  they  had  their 
origin  none  knew,  but  on  Sunday  morning  charges  appeared  in  all 
the  papers  that  Juror  Culver,  who  was  said  to  be  the  one  who  was 
holding  out  for  acquittal,  had  been  tampered  with  by  the  friends 
of  the  prisoners.  Fortunately  for  this  gentleman  his  character 
was  so  well  known,  and  he  had  in  the  past  given  such  magni- 
ficent proofs  of  his  honesty,  that  his  friends  did  not  need  twenty- 
four  hours  to  convince  the  press  that  a  serious  mistake  had  been 
made,  and  on  the  next  morning  he  was  set  thoroughly  right 
before  the  public.  It  was  then  seen  that  Culver's  character  is  a 
peculiar  one.  He  is  an  almost  fierce  devotee.  During  the  sessions 
of  the  jury  he  again  and  again  organized  prayer-meetings,  and  on 
every  Sunday   he   conducted   services.     No  more  conscientious 


THE  APPEAL  TO   THE  JURY.  523 

man,  heartily  and  whoU)'  animated  by  a  single  desire  to  do  his 
duty,  ever  sat  upon  a  jury. 

On  Monday  afternoon,  about  two  o'clock.  Foreman  Clarke 
sent  out  word  to  Judge  McConnell  that  the  jury  was  ready  to  re- 
port. The  attorneys  were  rapidly  notified,  the  prisoners  were 
brought  in,  Judge  McConnell  took  his  seat  upon  the  bench,  and 
the  court-room  was  crowded  to  its  utmost  capacity. 

At  2:28  the  jury  entered,  headed  by  Bailiff  Santa,  having 
been  out  seventy  hours  and  thirteen  minutes.  The  jurors  were 
exhausted  from  excitement  and  the  long  confinement,  but  they 
looked  like  men  who  appreciated  the  gravity  of  the  duty  they 
were  performing.  Their  faces  bore  expressions  of  decision  and 
satisfaction  with  having  at  last  reached  an  agreement. 

"Gentlemen  of  the  jury,"  said  Judge  McConnell,  "I  under- 
stand you  have  reached  a  conclusion." 

Juror  Clarke  arose  and  bowed. 

"You  may  hand  i-t  to  the  clerk,"  said  the  court,  and,  as 
the  juror  fumbled  in  his  inside  coat  pocket  for  the  paper,  the 
Judge  added  :  "  You  can  hand  it  me,  and  I  will  give  it  to  the 
clerk."  The  space  between  the  juror  and  the  clerk  was  crowded, 
and  the  Judge  passed  the  paper  to  the  clerk.  A  dead  silence  fol- 
lowed.    The  clerk  read  : 

"We,  the  jury,  find  the  defendant  John  F.  Beggs  not 
guilty." 

A  moment's  pause,  and  the  clerk  continued  : 

"We,  the  jury,  find  the  defendant  John  Kunze  guilty  of 
manslaughter,  and  fix  his  punishment  at  imprisonment  in  the 
penitentiary  for  a  term  of  three  years." 

Somebody  dropped  a  cane,  and  it  fell  with  a  crash.  As  soon 
as  Clerk  Lee  could  find  his  place  after  the  disturbing  incident  of 
the  cane,  he  continued  : 

"  We,  the  jury,  find  the  defendants  Daniel  Coughlin,  Pat- 
rick O'SuUivan  and  Martin  Burke  guilty  of  murder  in  the  man- 
ner and  form  charged  in  the  indictment,  and  fix  the  penalty  at 


524  THE  APPEAL  TO  THE  JURY, 

imprisonment  in  the  penitentiary  for  the  term  of  their  natural 
lives." 

As  the  first  sentence  of  the  verdict  was  read,  finding  Beggs 
"not  guilty,"  a  sigh  of  relief  escaped  him,  and  his  face,  which  had 
been  perfectly  bloodless,  flushed  as  he  realized  what  it  meant  to 
him.  Next  came  Kunze's  fate.  The  little  German  seemed  unable 
to  realize  the  import  of  the  verdict  for  some  minutes,  and  in  the 
breathless  anxiety  to  learn  the  fate  of  the  remaining  three  Kunze's 
sentence  held  the  attention  of  the  listeners  but  an  instant. 

Dan  Couglilin's  face  disclosed  the  supreme  effort  he  was  mak- 
ing to  bear  with  composure  the  worst.  The  resources  of  his  will 
power  were  drawn  on  to  their  utmost.  His  cheeks  were  blanched, 
the  muscles  of  his  face  tensely  drawn,  and  his  eyeballs,  drawn  up 
till  the  pupils  were  almost  hid,  testified  to  his  apprehensions  as 
they  did  to  his  determination  to  bear  it  unmoved.  Burke  and 
O'SulJivan,  with  less  expressive  faces,  betrayed  the  same  emotions. 
It  was  when  they  knew  their  fate  that  their  expression  varied. 
For  an  instant  or  two  they  seemed  unable  to  grasp  the  full  force 
of  the  verdict.  Then  a  feeling  of  relief,  as  strong  as  the  feeling 
of  apprehension  it  followed,  shone  in  their  countenances. 

Coughlin's  whole  expression  changed.  Yet  even  in  this 
change  liiere  lurked  an  expression  of  watchfulness,  a  guarded n ess, 
a  carefulness  not  to  show  too  clearly  the  nature  of  his  feelings. 

In  Burke  there  was  no  such  reserve.  He  almost  laughed  out- 
right. The  sudden  change  in  his  feelings  almost  overbalanced 
his  control  of  his  nerves,  and  for  a  second  he  was  in  a  condition 
akin  to  hj^steria.  He  quickly  recovered  himself,  however,  but  did 
not  lose  the  pleased  expression  of  his  face  while  he  remained  in 
the  court-room. 

On  O'Sullivan  the  effect  was  different  still.  O'Sullivan, 
though  he  feared  the  extreme  penalty,  seemed  to  have  hoped  for 
acquittal.  And  when  the  verdict  was  read,  though  the  look  of 
apprehension,  of  intense  suspense,  passed  from  his  face,  it  was 
succeeded   by  a  look  of  disappointment.     His  eyes  fell,  and  he 


THE  APPEAL  TO  THE   JURY.  525 

leaned  forward  with  head  bent  down,  and  a  look  of  bitterness  in 
his  face.  He  seemed  to  feel  more  keenly  than  any  of  the  others 
the  disgrace  of  conviction,  considered  aside  from  the  punishment 
to  be  endured.  It  is  doubtful  if  he  would  have  been  more  or 
differently  affected  if  the  verdict  had  imposed  on  him  the  extreme 
penalty. 

Poor  Kunze,  more  variable  in  temperament  than  any  of  the 
others,  with  less  stability  of  character  and  fewer  resources  for 
self-control,  broke  down  in  sobs  and  tears  as  soon  as  he  realized 
his  position.  "  I  get  tree  years  and  I  didn't  do  notting,"  he 
sobbed,  while  a  big  bailiff  standing  just  behind  him  patted  him  on 
the  cheek  and  tried  to  soothe  him.  But  the  floodgates  of  his  feel- 
ings were  wide  open  and  he  refused  to  be  comforted.  "  I  never 
was  in  Lake  View  that  night,"  he  exclaimed  more  vehemintly. 
"  It  was  a  put-up  job  by  Longenecker  and  Schuettler,  and  the  man 
who  says  I  was  has  got  money  now  to  buy  a  farm  in  Wisconsin." 
"  Never  mind,  my  boy,"  said  Mr.  Forrest,  who  was  in  the  act 
of  making  a  motion  for  a  new  trial,  "  the  fight  has  just  com- 
menced." 

After  the  verdict  was  read  Mr.  Forrest  asked  that  the  jury 
be  polled,  and  as  each  juryman's  name  was  called  he  arose,  and 
answered  the  question  of  Clerk  Lee  :  "  Was  this  and  is  this  your 
verdict.?"     Each  juror  bowed  or  answered  affirmatively. 

Judge  McConnell  then  thanked  the  jurors  for  their  services, 
and  complimented  them  on  the  patience  and  conscientiousness 
with  which  they  had  done  their  duty. 

"  The  prisoner  Beggs  may  be  discharged,"  said  the  court,  and 
he  turned  to  the  jury  to  say  it  could  go,  when  Mr.  Forrest  inter- 
posed to  make  a  motion  for  a  new  trial.  A  moment  later,  how- 
ever. Judge  McConnell  told  the  jury  it  was  discharged. 

As  the  jurors  filed  out  of  their  box  Mr.  Beggs  and  his  attor- 
ney, Mr.  Foster,  seized  the  hand  of  each  and  expressed^ their 
gratitude  for  the  jury's  action.  Tears  of  joy  stood  in  Mr.  Beggs" 
eyes. 


526  THE  APPEAL  TO   THE  JURY. 

Mr.  Forrest  asked  the  court  to  fix  the  time  for  hearing  a  mo- 
tion for  a  new  trial.  Inasmuch  as  no  death  sentences  had  been 
pronounced  he  thought  there  need  be  no  hurry  about  it.  It  would 
take  him  two  weeks  to  go  over  the  evidence  and  two  weeks  more 
to  prepare  the  motion,  and  he  asked  till  the  middle  of  January  to 
present  the  motion. 

It  was  finally  agreed  that  the  motion  should  be  presented 
January  13,  and  the  court  adjourned,  with  the  great  Cronin  case 
€nded. 


M^BX^i^^-^^^ 


RETURN  TO  the  circulation  desl<  of  any 
University  of  California  Library 
or  to  the 
NORTHERN  REGIONAL  LIBRARY  FACILITY 
BIdg.  400,  Richmond  Field  Station 
University  of  California 
Richmond,  CA  94804-4698 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

•  2-month  loans  may  be  renewed  by  calling 
(510)642-6753 

•  1-year  loans  may  be  recharged  by  bringing 
books  to  NRLF 

•  Renewals  and  recharges  may  be  made  4 
days  prior  to  due  date. 

DUE  AS  STAMPED  BELOW 


j^o^rm 


IP  I  0  2002 


-^ 


2,000(11/95) 


